Assault with the intent to commit a felony under Cal. Penal Code § 220 is a serious crime. It is a violation of this code section if a person assaults another person with the intent to commit one of the following additional crimes: mayhem, rape, sodomy, oral copulation, or any violation of certain California statutes.
California Penal Code Section 240 defines assault as an attempt to commit a violent injury to another person. Assault is usually related to the crime of battery although they are two different offenses. An assault is often considered an attempted battery since a battery under California Penal Code 242 requires that the defendant actually succeeds with the use of force or violence against another person.
Assault with the intent to commit a felony is often charged as a result of the defendant’s intent to commit a serious sexual offense. Charges of assault with intent to commit a felony often are accompanied by charges for related offenses, including assault (California Penal Code 240 PC) and battery (California Penal Code 242 PC). Both crimes prohibit the use of unlawful force.
A charge under California Penal Code 220 may be accompanied by a charge of false imprisonment (California Penal Code 236 PC), which prohibits the unlawful deprivation of another person’s liberty. Tying another person up or locking them in another room may result in a charge of false imprisonment.
Perhaps the most common crime to accompany a charge of assault with the intent to commit a felony I possession of a deadly weapon with the intent to assault (California Penal Code 17500 PC). Possessing a deadly weapon while committing the assault would result in this criminal charge.
For a defendant to be charged with assault with the intent and kick commit a felony, the crime of assault must actually be committed by the defendant. If the crime of assault is attempted then the defendant may not be charged with assault with the intent to commit a felony. Note that a defendant may be convicted if the felony was only attempted but not completed, but the assault was completed.
Typically, the penalties for a violation of Penal Code 220 a range of two, four or six years in jail or prison. If the victim was under 18 and the intended felony was a sex crime, the jail or prison term is a range of five, seven or nine years. Defendants who commit first-degree burglary face life imprisonment if they assault someone with the intent to commit a sex crime during the burglary.
John Patrick Dolan is a California State Bar Certified Specialist in Criminal Law. Certification as a Specialist in Criminal Law is the highest achievement awarded by the State Bar of California to attorneys in the field of criminal law. The attorneys at the Dolan Law Offices have decades of experience defending individuals charged with drug possession, domestic violence, DUI, and violent felonies. Call us today at (760) 775-3739 or find out more online here.