Information on the crime assault with intent to commit a felony is found at California penal code section 220(a).

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PC 220 Laws

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PC 220(a)(1): Any person who assaults another with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289, is guilty of a felony (Abbreviated).

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PC 22(a)(2) Any person who assaults another person under 18 years of age with the intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289, is guilty of a felony (Abbreviated).

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PC 220(b): Any person who, in the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, assaults another with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289, is guilty of a felony (Abbreviated).

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Note: PC 264.1 is rape in concert; PC 288 is lewd and lascivious acts on a minor, and PC 289 is sexual penetration with a foreign object. 

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Assault Defined: Assault is defined as the intentional act of trying to injure a person, coupled with the present ability to injure that person, and while acting without consent other legal justification. Assault can also be defined as placing another person in reasonable fear of an immediate battery and without consent or legal justification.

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Sentence for PC 220 Crimes

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PC 220(a)(1): Assault with intent to commit a felony is classified as a felony. If found guilty of PC 220(a)(1), the defendant could face up to six years in prison.

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PC 220(a)(2): Assault on a minor with intent to commit a specified sex offense is classified as a felony. If found guilty of PC 220(a)(2), the defendant could face up to nine years in prison.

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PC 220(b): Residential burglary committed with the intent to commit a specified sex offense is classified as a felony. If found guilty of PC 220(b), the defendant could face up life in prison with the possibility of parole.

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Note: Generally, the crime of assault with intent to commit a felony is charged with the prefix of PC 220(a) followed by the target offense code section. For example, the crime of assault with intent to commit rape is charged as PC 220(a)(1)/261 (PC 261 is the penal code section rape).

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Probation: Probation is period of supervision, with or without some actual jail time (or work release / house arrest). Probation sentences are allowed in PC 220(a)(1) cases, but only in unusual  circumstances. Also, any incarceration for PC 220(a)(1) convictions must be served in state prison (as opposed to a local county jail) and that state prison sentence may not be split or suspended.

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Sex Offender Registration: Conviction of a sex offense listed in PC 220(a)(1), 220(a)(2), or 220(b), will require the defendant to register as a sex offender under California law. The crime of mayhem, which is listed as one of the offenses in PC 220(a)(1), is not a sex offense; therefore, a conviction for the crime of assault with the intent to commit mayhem does not require the defendant to register as a sex offender.

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CIMT: The crime of assault with intent to commit a felony is considered a crime involving moral turpitude. A crime of moral turpitude is a crime that is considered morally wrong or a crime that involves deceit. Crimes of moral turpitude carry special negative consequences for immigration and professional licensing concerns.

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Three Strikes Law: Assault with intent to commit a felony is considered a strike offense in California. PC 220(a)(1), 220(a)(2), and 220(b), are all considered serious and violent felonies in California. As such, good conduct credits, which is credit for time off the defendant's prison sentence for his or her good behavior while in prison, is reduced to 15%.(most crimes are 50%).

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In addition to the punishments listed above, a conviction for the crime of assault with a intent to commit a felony could lead to other penalties and punishments, including: denial or revocation of military enlistment, fines and fees, restitution, restraining orders, civil lawsuits, and more.

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Defenses to PC 220: See Defenses to Crime

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If you have been arrested or charged with assault to commit a felony under PC 220(a)(1), 220(a)(2), or 220(b), contact out criminal defense lawyers today for a free consultation. Our experienced sex crimes criminal defense lawyers have successfully handled hundreds of assault and sex cases. Call today!

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909-913-3138

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