Review of the California Crime of Assault With Intent to Commit a Felony Under Penal Code 220 PC. California Penal Code 220 defines the crime of assault with intent to commit a felony. An individual violates this section by assaulting another person with the intent to commit a serious sex crime.
If someone is convicted of it, they will have to register as a sex offender for the rest of their life. It's also a crime that carries with it two, four, or six years in the state prison. So, you're talking about one of the more serious sex crimes you could be charged with.
Sometimes it's referred to as assault with intent to commit rape. Sometimes, it's referred to as sexual assault.
The bottom line is that it has to do with the scenario where the alleged perpetrator is trying to have sex with the victim — is trying to touch the victim illegally to have sex with them.
Intent to Commit a Rape
Penal Code Section 220 is broad in its scope, covering scenarios where an individual attacks another with the intent to rape. This broadness underscores the serious nature of the offense and the need for a comprehensive legal understanding.
You could get hit with it by trying to attack somebody to murder them or try to attack somebody to commit mayhem against them under Penal Code 203 PC.
There's a whole slew of crimes. You're going after somebody, but you don't quite effectuate or complete the crime you're targeting.
But most of the time, when I see Penal Code Section 220 filed, it has to do with a sex crime case. It has to do with the defendant trying to attack the victim, the victim fighting the defendant off and getting away from the defendant.
Sometimes, the crime is even perpetrated. So, because it's such a severe crime, the prosecutors charge assault with an attempt to commit rape.
Additional charges can be brought alongside this, significantly increasing the potential prison time for the defendant if they are convicted of this assault with intent to commit a rape charge. This underscores the urgency of the situation and the need for a strong legal defense.
Defending PC 220 Assault to Commit a Felony Charges
If you or a loved one is charged with this crime, you will need a criminal defense attorney with extensive experience in this area.
With 26 years of experience, I have a deep understanding of these cases. I began my career at the District Attorney's office in East Los Angeles, gaining valuable insights into how these cases are handled. This extensive experience should instill confidence in you about my ability to defend your case.
Then, in 1993, I worked for a Superior Court Judge for about a year as his research attorney, which gave me a good perspective on how judges view these cases, how they handle them, and how they think about disposing of the issues that come before them.
In 1994, I decided to become a criminal defense attorney defending people charged with such crimes as assault with an attempt to commit rape and various other sex-related offenses.
So, I have a pretty good feel for how to defend these cases, and when I say defend these cases, I mean there are many different ways to do so.
There are various strategies for defense, such as arguing in a jury trial that the defendant is innocent or presenting evidence of a false allegation. These strategies provide a range of options for defense, each with its own considerations and potential outcomes.
Intoxication and False Allegation Defense
Sometimes, we have situations where the person is very drunk or has taken many pills or narcotics and can't even remember what happened but just thinks they were sexually assaulted.
Other times, we have situations where the alleged victim is trying to gain something from the defendant, and that's why they're accusing them of such a severe crime. Sometimes, we can even have a scenario where the person is wrong about who the perpetrator was at the time.
On the flip side, sometimes the government, the prosecutors, and the police have the evidence to convict the defendant of a Penal Code Section 220, and we need to do damage control. We need to see if it's possible to get probation.
We need to try to keep the person out of prison. There are a lot of things on the line, so when we say defense of these cases, we're talking about the entire umbrella of reasons.
One of the first things we do is figure out what our defense will be. What will we be trying to accomplish based on the circumstances we find ourselves in? If you need help, you've come to the right place. Let me use my experience to help you or your loved one. Pick up the phone. Make the call. Don't be shy. Ask to speak to Ron Hedding. I stand at the ready to help you.