California Penal Code 222 PC

PC 222 – Unlawful Administering of Intoxicating Agent to Commit Felony

Unlawful Administering of Intoxicating Agent to Commit Felony

Administering Intoxicating Agent to Commit Felony – Table of Contents

PC 222 – Overview

Unlawful Administering of Intoxicating Agent to Commit Felony, California Penal Code 222 PC, under California law is defined as administering an intoxicating agent to another person with the intent to enable the commission of a felony. In other words, you can be charged with PC 222 if you drug a victim in order to facilitate a crime against them. Commonly, this occurs when a person puts a “roofie” or a strong sedative in a victim’s drink without their knowledge so the victim can be sexually assaulted. The use of “date-rape” drugs in alcohol can not only render the victim unconscious or unable to prevent an assault, but can also limit the victim’s ability to remember events, which results in less reports of sexual assault. Notably, in California, PC 222 is prosecuted aggressively, and a conviction under CA Penal Code 222 is a felony.

Overall, Ca Penal Code 222 PC, Unlawful Administering of Intoxicating Agent to Commit Felony, is written broadly to include many cases, but the statute is actually written quite clearly. Nonetheless, an experienced criminal defense attorney will be able to explain any charges against you, and help you win your case. Moreover, an attorney can negotiate with the prosecutor and point out the weaknesses in the case to secure a plea bargain or even convince the prosecutor to drop the charges.

Certainly, being falsely accused of any crime, particularly a sex crime is stressful. Moreover, there are significant social and economic consequences of convictions, as well as mere allegations. The best defense against any criminal charge starts with the assistance of an experienced criminal defense attorney to explain the charges.

Sentencing for PC 222

The penalties for a conviction under CA Penal Code 222 PC, Unlawful Administering of Intoxicating Agent to Commit Felony, are quite severe. All charges under PC 222 are felonies. Generally, a conviction under PC 220 will result in a sentence of 16 months, two or three years in state prison. Needless to say, the sentences are harsh, and consistent with the public policy of serious penalties for sex crimes. In addition, if the intended felony is a sex crime, a conviction for the sex crime will most likely require registration as a sex offender which can severely limit where you are allowed to live, where you are allowed to work, and will put your face and information related to a conviction in a searchable database accessible by anyone on the internet.

Certainly, an experienced criminal defense attorney can help you win your case, but an attorney can also help you avoid a trial by reviewing the strengths and weaknesses of the evidence and help you make an informed choice regarding any plea bargain. Most importantly, an experienced defense attorney can persuade the prosecutor to drop charges when the evidence is weak, or negotiate for a reduced charge or acceptable plea bargain. Of course, the goal of any attorney is to ensure that you beat your case, but you don’t have to go to trial to win a case. Trials are expensive and stressful, so avoiding a trial by negotiating a favorable outcome will save you time and money.

Prosecuting PC 222

As with any criminal case, the prosecutor must prove every element of the crime beyond a reasonable doubt. In other words, you can and should win your case without providing any evidence if the prosecutor fails to meet this very high burden. An experienced criminal defense attorney can review the evidence with you and make sure the prosecutor acts ethically and does not violate any of your constitutional rights.

In general, to gain a conviction under Penal Code 222, the prosecutor must prove:

  • use of an enumerated substance, controlled substance, anaesthetic or “intoxicating agent”
  • intent to commit a felony against that person.

Notably, the statute enumerates the following substances:

  • chloroform
  • ether
  • laudanum.

The legislature, however, did not define “intoxicating agent” in the statute. But courts have held that the plain meaning of “intoxicating agent” should be applied. In other words, the statute includes any familiar substance or agent that is commonly known to be intoxicating.

Additionally, the prosecution must prove that the accused administered the intoxicating agent in order to commit a felonious crime against the compromised victim. Also, the intended crime does not have to be a sex crime, but any felony. So, if a victim is given a controlled substance in order to facilitate a robbery of the victim, then PC 222 can be charged.

Significantly, PC 222 does not require the accused to actually commit a felony, so the act of using the intoxicating agent alone is sufficient for a conviction. In other words, simply putting the substance in the drink is enough. The victim need not actually become unconscious our even drink the intoxicating agent for a conviction under PC 222. However, if the felony is successfully committed, then other charges for the felony will likely accompany a charge of CA Penal Code 222.

Defending PC 222 Unlawful Administering of Intoxicating Agent to Commit Felony

Being accused, arrested and charged with any crime is scary, especially when the possible penalties are serious. That’s why it is important to retain legal counsel as soon as possible. An experienced defense attorney can help you navigate the complexities of criminal law from the moment of an arrest. Moreover, an attorney can help evaluate the evidence and formulate a winning defense strategy.

Common defenses for a charge under CA Penal Code 222 PC, Unlawful Administering of Intoxicating Agent to Commit Felony, include:

  • no intoxicating agent administered
  • consent: the person may have willingly ingested the substance
  • false allegation or mistaken identification
  • insufficient evidence to prove intent to commit a felony.

More importantly, an attorney can ensure your constitutional rights are not violated either accidentally or purposely by law enforcement or the prosecutor. Not only can your attorney ensure you beat your case, but an experienced criminal defense attorney will protect your rights.

We Want to Help

If you have been charged with a Sex Crime, it is important to contact a skilled criminal defense attorney right away. Seppi Esfandi is an Expert Los Angeles Criminal Defense Attorney who has over 20 years of practice defending a variety of criminal cases, including Penal Code 222 PC, Unlawful Administering of Intoxicating Agent to Commit Felony.

Call Us for a FREE Case Review: 310-274-6529

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Lara S.
June 4, 2018
5
Seppi had my case reduced to just an infraction, and thanks to him I was able to keep my job. Jorge was extremely helpful too, the reason I went with this law firm. Overall pleased.

How to Win Your Case

We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:

  1. Don’t ever talk to the police
  2. Do not discuss your case with anyone
  3. Everything you tell your lawyer is confidential
  4. Tell police you need to contact your attorney
  5. Never consent to any search by the police
  6. If the police knock on your door, don't answer!
  7. Realize the consequences of a criminal conviction
  8. Your lawyer (not you) will contact any witnesses
  9. Information on your cell phone is evidence
  10. Early Intervention is the key

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