Criminal Defense Lawyers

Penal Code § 220 PC – Assault with Intent to Commit a Felony

Penal Code § 220 PC – Assault with Intent to Commit a Felony

Are you or a loved one facing charges under California Penal Code 220 PC for assault with intent to commit a felony? If so, you’ve come to the right place. At Spodek Law Group, we understand how frightening and overwhelming it can be to deal with such serious criminal charges. Our experienced criminal defense attorneys are here to help guide you through this difficult time and fight for your rights.

What is Assault with Intent to Commit a Felony?

Penal Code 220 PC makes it illegal to assault someone with the intent to commit certain felony crimes. Specifically, this law prohibits assaulting another person with the intent to commit:

• Mayhem
• Rape
• Sodomy
• Oral copulation
• Lewd acts with a child under 14
• Any felony punishable by death or life imprisonment

The key elements that prosecutors must prove beyond a reasonable doubt are:

1. You assaulted another person
2. At the time of the assault, you intended to commit one of the specified felonies

It’s important to note that you can be charged with this crime even if you didn’t actually complete or carry out the intended felony. The assault and intent are enough for charges under PC 220.For example, let’s say John tackles a woman to the ground with the intention of raping her, but she manages to fight him off and escape before he can carry out the rape. John could still be charged under PC 220 for assault with intent to commit rape, even though the rape itself was not completed.

Penalties for Assault with Intent to Commit a Felony

Make no mistake – a conviction for assault with intent to commit a felony carries extremely harsh penalties in California. The specific punishment depends on the circumstances and intended felony:

• Assault with intent to commit mayhem, rape, sodomy, oral copulation or any other felony punishable by death/life imprisonment: 2, 4 or 6 years in state prison
• Assault with intent to commit lewd acts with a child under 14: 5, 7 or 9 years in state prison

Additionally, a conviction results in a “strike” on your record under California’s Three Strikes Law. This can lead to significantly enhanced sentences for any future felony convictions.Other potential consequences include:

• Hefty fines
• Mandatory sex offender registration (for sex-related offenses)
• Loss of gun ownership rights
• Immigration consequences for non-citizens

As you can see, the stakes are extremely high with these charges. That’s why it’s critical to have an experienced criminal defense attorney in your corner fighting for you. At Spodek Law Group, we have extensive experience handling assault with intent cases and know how to build a strong defense strategy.

Christine Twomey

2024-03-21

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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

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 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

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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

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!

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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.

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2024-03-12

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2024-02-28

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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.

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Legal Defenses Against PC 220 Charges

While assault with intent to commit a felony is an extremely serious charge, there are several potential legal defenses that our skilled attorneys may be able to use in your case. Some common defenses include:

Lack of Intent

To be convicted under PC 220, prosecutors must prove that you had the specific intent to commit one of the enumerated felonies at the time of the assault. If we can show that you did not actually have that intent, it could lead to an acquittal or reduction of charges.For example, let’s say you got into a heated argument with someone at a bar and shoved them. While that may constitute simple assault, if you didn’t have any intention of committing a felony like rape or mayhem, you shouldn’t be convicted under PC 220.

Mistaken Identity

In some cases, the alleged victim or witnesses may have misidentified you as the perpetrator. We can challenge eyewitness testimony and look for evidence that proves you were not actually the person who committed the assault.

False Accusations

Unfortunately, false accusations of assault and attempted sexual assault do happen. We’ll thoroughly investigate the accuser’s background and motivations to uncover any evidence of lying or ulterior motives.

Self-Defense

If you reasonably believed you were in imminent danger of bodily harm and used proportional force to defend yourself, self-defense may apply. We can argue that your actions were justified and did not constitute an unlawful assault.

Insufficient Evidence

The prosecution must prove every element of the crime beyond a reasonable doubt. We’ll scrutinize all the evidence and work to expose any weaknesses or gaps in the prosecution’s case against you.

Violations of Constitutional Rights

If law enforcement violated your constitutional rights during the investigation or arrest – such as conducting an illegal search – we may be able to get key evidence thrown out.Our attorneys at Spodek Law Group will carefully analyze all the facts of your case to determine the strongest possible defense strategy. We have the skills and experience to challenge the prosecution’s evidence at every turn.

Why Choose Spodek Law Group for Your Defense?

When you’re facing such serious felony charges, you need a law firm with the knowledge, resources and dedication to provide an aggressive defense. Here’s why Spodek Law Group should be your choice:

• Extensive Federal & State Court Experience: Our attorneys have decades of combined experience handling complex criminal cases in both state and federal courts across the country. We know how to navigate the legal system and fight for our clients.
• Proven Track Record of Success: We have a long history of achieving favorable outcomes for our clients, including case dismissals, charge reductions, and acquittals at trial.
• Personalized Attention: Unlike some large firms where you’re just a case number, we provide individualized attention to every client. You’ll work directly with our experienced attorneys throughout your case.
• Available 24/7: We understand that legal emergencies don’t just happen during business hours. That’s why we’re available to our clients 24 hours a day, 7 days a week.
• Aggressive, Strategic Defense: We leave no stone unturned in building your defense. From challenging evidence to negotiating with prosecutors, we fight tirelessly for the best possible outcome.
• Respected by Judges & Prosecutors: Our attorneys have earned the respect of judges, prosecutors and other legal professionals through years of ethical, skilled representation.

Don’t trust your future to just any lawyer. When you’re facing assault with intent charges, you need the best. Contact Spodek Law Group today for a free consultation on your case. We’re here to help protect your rights and fight for your freedom.

Frequently Asked Questions About PC 220 Charges

Here are some common questions we receive about assault with intent to commit a felony charges in California:Q: Can I be charged under PC 220 if I didn’t actually complete the intended felony?A: Yes. The crime only requires that you assaulted someone with the intent to commit one of the specified felonies. You can be convicted even if you didn’t follow through or complete the intended crime.Q: What’s the difference between this and regular assault charges?A: Regular assault under PC 240 is a misdemeanor that doesn’t require any specific intent beyond the assault itself. PC 220 is a much more serious felony that requires proof you intended to commit an additional felony crime.Q: Will I have to register as a sex offender if convicted?A: It depends on the specific charges. Convictions related to sex crimes like rape or lewd acts with a child typically do require sex offender registration. Our attorneys can advise you on the specific consequences you may face.Q: Can the charges be reduced to a lesser offense?A: Potentially, yes. In some cases, we may be able to negotiate with prosecutors to reduce charges to a less serious offense like simple assault. This is why having a skilled defense attorney is so critical.Q: What if the alleged victim doesn’t want to press charges?A: In California, it’s ultimately up to prosecutors whether to file or drop criminal charges, not the victim. However, an uncooperative victim can make the case much harder to prove, which may lead to dropped or reduced charges.Q: How long do I have to respond to charges under PC 220?A: You should contact an attorney immediately upon being arrested or learning of an investigation. Time is of the essence in building your defense. The sooner we can get involved, the better we can protect your rights.If you have any other questions about assault with intent charges in California, don’t hesitate to reach out to our experienced legal team at Spodek Law Group. We’re here to help guide you through this difficult situation.

The Importance of Experienced Legal Representation

When you’re facing felony assault charges that could land you in prison for years, you simply can’t afford to go it alone or settle for subpar legal representation. The prosecutors will be working hard to convict you – you need an equally dedicated team fighting in your corner.At Spodek Law Group, we have the knowledge, skills and resources to mount an aggressive defense against assault with intent charges. Our attorneys will:

• Thoroughly investigate all aspects of your case
• Interview witnesses and gather exculpatory evidence
• Challenge the prosecution’s evidence and witnesses
• Negotiate with prosecutors for reduced charges when appropriate
• Prepare a strong defense strategy tailored to your unique situation
• Forcefully advocate for you in court

We understand how much is at stake for you and your family. A conviction could derail your entire future – impacting your freedom, job prospects, relationships, and more. That’s why we fight so hard for every client.Don’t wait to get the legal help you need. Contact Spodek Law Group today at 212-300-5196 for a free, confidential consultation on your case. Let us put our experience to work defending your rights and your future.

Remember, an arrest is not the same as a conviction. With a strong legal defense, it may be possible to get charges reduced or dismissed entirely. But time is of the essence – the sooner you contact us, the sooner we can start building your defense.Don’t let one mistake define the rest of your life. Call Spodek Law Group now and get the experienced, aggressive legal representation you deserve. We’re available 24/7 to take your call and start fighting for you. Your future is too important to leave to chance – let us help protect it.