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:

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• 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.