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 one of the more serious sex crimes that 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, 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 in an illegal manner for the purpose of having sex with them.
Intent to Commit a Rape
Basically, it's going to cover a scenario where somebody attacks another person with the intent to rape them. This Penal Code Section 220 is pretty broad.
You could get hit with it by trying to attack somebody to murder them; 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, getting away from the defendant.
Sometimes, the crime is even perpetrated. So, because it's such a serious crime, the prosecutors charge assault with attempt to commit rape.
They can charge other charges along with that in order to really hammer a particular defendant who is now going to be facing many years in prison if they're convicted with that assault with intent to commit rape charge.
Defending PC 220 Assault to Commit a Felony Charges
So, if you or a loved one is charged with this crime, obviously you're going to need a criminal defense attorney who has a lot of experience in this area.
I've been defending these types of cases now for 26 years. I started out working for the District Attorney's office in East Los Angeles and handling cases for them.
Then, in 1993, I worked for a Superior Court Judge for about a year as his research attorney which really gave me a good perspective on how judges view these cases, how they handle them, what they're thinking is in disposing of the cases that come before them.
In 1994, I decided to become a criminal defense attorney defending people charged with such crimes as assault with 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, there's a bunch of different ways that these cases can be defended.
For example, we can be defending it in a jury trial and making the argument to the jury that the defendant is innocent — that he did not commit this crime — that there's some motive behind why the alleged victim is accusing him of this crime.
Intoxication and False Allegation Defense
Sometimes we have situations where the person is very drunk or has taken a bunch of 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 serious 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, 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's a lot of things on the line, so when we say defense of these cases, we're talking about the full umbrella of defenses.
Contact the Hedding Law Firm If Charged with a Sex Crime
One of the first things we do is figure out what our defense is going to be. What are we going to be trying to accomplish based on the circumstances that we find ourselves in. If you need help, you've come to the right place.
Let me put my experience to work for 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.
Hedding Law Firm is a criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact us for a free case evaluation at (213) 542-0979.