Assault With Intent to Commit a Felony – California Penal Code 220
Overview of Penal Code 220
California Penal Code 220 makes it a felony to assault another person with the intent to commit certain serious crimes. These underlying offenses typically involve violent or sexual felonies such as rape, mayhem, or lewd acts with a minor.
Unlike simple assault, Penal Code 220 focuses on the defendant's intent at the time the assault occurred. Prosecutors must show that the assault was committed while attempting to carry out one of the specific felony offenses listed in the statute.
Because of the seriousness of the crimes involved, Penal Code 220 is always charged as a felony and carries significant prison sentences if convicted.
These cases often arise in situations involving attempted sexual assault or violent attacks where prosecutors believe the defendant intended to commit another felony but did not complete the crime.
Your best hope for a positive outcome in a sex crime case is with an experienced California criminal defense attorney at Esfandi Law Group. To schedule a free consultation, call (310) 274-6529 or contact us here.
Definition of Assault Under California Law
To understand Penal Code 220, it is important to understand how California law defines assault.
Under California law, an assault occurs when someone intentionally commits an act that would likely result in the application of force against another person.
Contrary to common belief, an assault does not require that the victim actually suffer an injury. Even minimal contact can qualify as an assault.
Examples of conduct that may qualify as assault include:
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Grabbing another person
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Shoving someone
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Slapping or striking someone
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Throwing an object that hits another person
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Striking someone with an object such as a stick or bat
Assault can also occur through indirect contact. For example, if a person intentionally throws an object that strikes another person, that action may qualify as assault even if the individuals never physically touch each other.
The law also considers anything closely connected to the victim's body as part of the victim's person. This means striking a person's clothing or items they are holding may still be considered an assault.
What Prosecutors Must Prove
To convict someone of assault with intent to commit a felony under Penal Code 220, prosecutors must prove several elements beyond a reasonable doubt.
The prosecution must show that:
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The defendant committed an assault on another person
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At the time of the assault, the defendant intended to commit a specific felony listed in the statute
Intent is the key issue in most Penal Code 220 cases. Prosecutors must prove that the assault occurred while the defendant was attempting to carry out another serious felony.
These cases often rely on witness testimony, physical evidence, or statements made by the defendant to establish intent.
Felonies Covered by Penal Code 220
Penal Code 220 applies only when the assault occurs while the defendant intends to commit certain serious crimes.
The listed felonies include:
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Penal Code 261 – rape
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Penal Code 262 – spousal rape
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Penal Code 264.1 – rape in concert
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Penal Code 261.5 – statutory rape
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Penal Code 286 – sodomy
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Penal Code 203 – mayhem
- Penal Code 285 – incest
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Penal Code 288 – lewd acts with a minor
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Penal Code 287 – oral copulation with a minor
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Penal Code 289 – forcible sexual penetration with an object
- Penal Code 269 – aggravated sexual assault of a child
If prosecutors cannot prove that the defendant intended to commit one of these listed crimes, a Penal Code 220 conviction is unlikely.
Penalties for Penal Code 220
Assault with intent to commit a felony is a serious felony offense in California.
Unlike some crimes, Penal Code 220 is not a “wobbler,” meaning it cannot be reduced to a misdemeanor.
Penalties when the victim is an adult
If the victim is 18 years old or older, the possible penalties include:
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Two years in California state prison
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Four years in California state prison
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Six years in California state prison
Penalties when the victim is a minor
If the victim was under 18, the potential prison sentence increases.
Possible penalties include:
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Five years in California state prison
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Seven years in California state prison
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Nine years in California state prison
Home Invasion Enhancement
Penal Code 220 also includes a more serious sentencing enhancement when the offense occurs during a first-degree residential burglary.
This situation is commonly referred to as a home invasion scenario.
If the defendant assaults someone inside a residence while intending to commit one of the listed felony offenses, the punishment may increase to life in prison with the possibility of parole.
Legal Defenses to Penal Code 220 Charges
Because Penal Code 220 requires proof of both assault and intent to commit another felony, several legal defenses may apply.
Lack of intent
The prosecution must prove the defendant intended to commit one of the specific felonies listed in the statute. If the evidence does not show this intent, the charge may not be supported.
Accidental conduct
Assault requires an intentional act. If the physical contact occurred accidentally or without intent, the defendant should not be convicted.
False accusations
In some cases, accusations may be exaggerated or fabricated. A defense attorney may challenge witness credibility and the reliability of the evidence.
Insufficient evidence
Prosecutors must prove each element of the offense beyond a reasonable doubt. If the evidence is weak or inconsistent, the charges may be reduced or dismissed.
Related California Crimes
Several California criminal offenses are closely related to Penal Code 220 PC, assault with intent to commit a felony. In many cases, prosecutors will file these charges alongside or instead of a PC 220 charge, depending on the facts of the case.
Penal Code 240 PC – Assault
Penal Code 240 defines the basic crime of assault in California. An assault occurs when someone intentionally performs an act that could result in the application of force against another person.
Unlike Penal Code 220, simple assault does not require intent to commit another felony. Assault is typically charged as a misdemeanor offense punishable by up to six months in county jail and fines.
Penal Code 242 PC – Battery
Penal Code 242 PC defines battery as the unlawful and harmful or offensive touching of another person. A battery requires actual physical contact, while an assault only requires the attempt or threat of force.
A simple battery charge is usually a misdemeanor, but penalties may increase if the victim is a protected individual such as a police officer or emergency worker.
Penal Code 245 PC – Assault With a Deadly Weapon
Penal Code 245 PC makes it illegal to assault another person using a deadly weapon or force likely to produce great bodily injury.
This offense is commonly charged when a weapon such as a knife, firearm, or blunt object is used during an assault. Depending on the circumstances, the crime may be charged as a felony with potential prison sentences.
Penal Code 261 PC – Rape
Penal Code 261 PC prohibits nonconsensual sexual intercourse accomplished through force, threats, fraud, or when the victim is incapable of giving consent.
California Penal Code 261(a)(3) defines rape by intoxication as occurring when a person engages in sexual intercourse with someone who is too intoxicated to give legal consent.
Rape is a serious felony offense in California and carries severe prison sentences and mandatory sex offender registration.
Penal Code 203 PC – Mayhem
Penal Code 203 PC defines mayhem as intentionally causing permanent disfigurement or disabling another person's body part.
Examples include permanently damaging someone's face, removing a body part, or causing lasting disability. Mayhem is a violent felony that can result in lengthy prison sentences.
Penal Code 288 PC – Lewd Acts With a Minor
Penal Code 288 PC makes it illegal to commit lewd or lascivious acts with a child under the age of 14 for sexual purposes.
This offense is considered one of the most serious sex crimes in California and may result in significant prison time and mandatory sex offender registration.
Penal Code 289 PC – Forcible Sexual Penetration With a Foreign Object
Penal Code 289 PC prohibits nonconsensual sexual penetration with a foreign object when force, threats, or intimidation are used.
The offense is typically charged as a felony and can result in substantial prison sentences and lifetime registration as a sex offender.
Penal Code 664 PC – Attempted Crimes
Penal Code 664 PC addresses attempted crimes, which occur when someone takes a direct step toward committing a crime but does not complete it.
In some situations, prosecutors may charge attempted rape or attempted mayhem instead of Penal Code 220 depending on the evidence available.
Why Related Charges Matter
In cases involving alleged assault with intent to commit a felony, prosecutors frequently file multiple charges arising from the same incident. For example, a case could involve both Penal Code 220 and assault with a deadly weapon under Penal Code 245.
Because these cases often involve complex evidence and serious potential penalties, it is critical to have a criminal defense attorney who understands how these laws interact and how to challenge the prosecution's case.
Frequently Asked Questions
What is Penal Code 220 in California?
Penal Code 220 makes it illegal to assault someone while intending to commit certain serious felonies, including rape, mayhem, or lewd acts with a minor.
Is assault with intent to commit a felony a felony or misdemeanor?
Penal Code 220 is always charged as a felony. It cannot be reduced to a misdemeanor.
What is the prison sentence for Penal Code 220?
If the victim is an adult, the prison sentence can be two, four, or six years. If the victim is under 18, the sentence may increase to five, seven, or nine years.
Can you be charged even if the felony was not completed?
Yes. A person can be convicted even if the intended felony was never completed, as long as prosecutors prove the assault occurred while attempting to commit that crime.
Can charges be dismissed?
In some cases, charges may be reduced or dismissed if prosecutors cannot prove intent or if the evidence is insufficient.
Speak With a Los Angeles Criminal Defense Lawyer
Assault with intent to commit a felony is a serious criminal charge that can lead to lengthy prison sentences if a conviction occurs.
If you or a family member has been arrested or charged under Penal Code 220, it is critical to speak with an experienced California criminal defense attorney as soon as possible.
A defense lawyer can review the evidence, identify potential defenses, and work to protect your rights throughout the criminal process.
Esfandi Law Group represents individuals facing serious criminal charges throughout Los Angeles and Southern California.
Schedule your free consultation at (310) 274-6529 or use the contact form here.