24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

Penal Code 206 PC | Torture

 

California Penal Code 206 PC – Torture

Being charged with torture under California Penal Code 206 PC is extremely serious. Torture is defined as intentionally inflicting great bodily injury on someone else to cause extreme pain and suffering for revenge, extortion, persuasion, or any sadistic purpose. It’s a felony offense that carries a potential life sentence in state prison.

If you or a loved one have been accused of torture, you need to speak with an experienced criminal defense attorney right away. A conviction will drastically impact your life and future. This article provides an overview of California’s torture law, penalties, legal defenses, and next steps if you are facing charges.

What is Torture Under California Law?

California Penal Code 206 PC states that torture involves:

  • Inflicting great bodily injury on someone else
  • With the intent to cause cruel or extreme pain and suffering
  • For the purpose of revenge, extortion, persuasion, or any sadistic purpose

Some key notes about the legal definition:

  • Great bodily injury means significant or substantial physical injury, such as broken bones, deep lacerations, burns, etc. Minor bruises or scratches do not qualify.
  • It does not matter if the victim actually felt pain. As long as you intended to inflict cruel/extreme pain, it can be torture.
  • You must have inflicted the injury for revenge, extortion, persuasion, or sadistic reasons. If not, it may be battery or assault, but it is not legally torture.

Here are some examples of acts that could lead to torture charges:

  • Breaking someone’s leg to persuade them to pay a debt (persuasion)
  • Severely beating someone with a bat out of revenge for something they did (revenge)
  • A robber burning a victim to force them to open a safe (extortion)
  • Whipping a person without consent for sadistic pleasure (sadistic purpose)

Penalties for Torture Under Penal Code 206 PC

If convicted of torture, penalties include:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • Felony conviction
  • Up to life in California state prison
  • Up to a $10,000 fine

Torture counts as a violent felony “strike” under California’s Three Strikes Law. This means a future felony conviction will be doubled in sentence length. Torture convictions are also not eligible for record expungement under Penal Code 1203.4 PC.

If the victim dies, you could face first-degree murder charges under California’s felony murder rule. This carries a penalty of life without parole or death in certain circumstances.

Legal Defenses to Torture Charges

There are several legal defenses that a skilled criminal defense lawyer may use to contest torture charges, such as:

  • No intent to cause extreme pain – If you did not deliberately intend to inflict cruel/extreme pain, it is not torture under PC 206. Any evidence showing lack of intent can raise reasonable doubt.
  • No prohibited purpose – You must have inflicted injury for revenge, extortion, persuasion or sadistic reasons. Evidence showing another purpose defeats this element.
  • False accusations – Sometimes alleged “victims” fabricate or exaggerate claims out of anger, jealousy, or mental illness. Your attorney can investigate for evidence of false allegations.
  • Self-defense – Inflicting injury while legitimately acting in self-defense is lawful. Your attorney can argue you acted reasonably to protect yourself or someone else.

An experienced criminal defense lawyer can evaluate the details of your case and decide which defenses to focus on. The key is undermining the prosecution’s ability to prove every element of torture beyond a reasonable doubt.

Next Steps If Facing Torture Charges

Being accused of torture under Penal Code 206 PC can feel overwhelming. Here are some steps to take immediately:

  1. Remain silent and only speak to a lawyer. Anything you say to police can be used against you.
  2. Hire an experienced criminal defense attorney. An attorney can protect your rights, build defenses, negotiate with the prosecution, and defend you in court if necessary.
  3. Follow your lawyer’s advice for collecting evidence and preparing your defense. For example, they may suggest getting character witness statements.
  4. Consider hiring a private investigator. They can be extremely helpful for locating witnesses, gathering physical evidence, and fact finding.

Defending against felony torture charges requires skill and experience. The consequences of a conviction are extremely serious. Do not delay in seeking help from a criminal defense lawyer that specializes in violent crime cases.

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now