Assault With Intent to Commit a Felony: California Penal Code 220 PC

California aggressively prosecutes violent offenses where an assault is leveraged to carry out an even more severe crime. Under Penal Code 220 PC, it is an absolute felony to assault another person with the specific intent to commit certain specified violent or sexual felonies.

Unlike simple assault, PC 220 focuses entirely on the defendant's mental state at the exact moment the assault took place. The prosecution need not prove that the underlying felony was actually committed.

The moment an assault is accompanied by the intent to commit one of the statute's listed crimes, the offense is legally complete.

Because of this structural framework, law enforcement frequently uses this charge in cases involving interrupted sexual assaults or targeted violent attacks.

PC 220 Quick Reference Summary Chart

Metric / Circumstance	Victim is an Adult (Age 18+)	Victim is a Minor (Under Age 18)	Home Invasion Scenario (First-Degree Burglary)
Classification	Straight Felony (Non-Wobbler)	Straight Felony (Non-Wobbler)	Straight Felony (Sentence Enhancement)
State Prison Sentence	2, 4, or 6 years	5, 7, or 9 years	Life in state prison (With possibility of parole)
Maximum Court Fine	Up to $10,000	Up to $10,000	Up to $10,000
Strike Offense?	Yes (California Three Strikes Law)	Yes (California Three Strikes Law)	Yes (California Three Strikes Law)

What the Prosecution Must Prove: Elements of the Crime

To secure a conviction under Penal Code 220 PC, the prosecution must establish two primary elements beyond a reasonable doubt:

The Unlawful Act: The defendant committed an assault on the victim. Under California law, an assault is an intentional act that, by its nature, would directly and probably result in the application of physical force to another person. Actual injury or physical contact is not required.
The Specific Intent: At the exact moment the assault occurred, the defendant harbored the specific intent to commit one of the precise felony offenses explicitly enumerated within the PC 220 statute.

Listed Felonies Covered Under PC 220

An individual cannot be convicted under this statute unless they intended to execute one of these specific crimes:

Penal Code 261, 262, & 264.1: Rape, Spousal Rape, and Rape in Concert
Penal Code 261.5: Statutory Rape
Penal Code 203: Mayhem (Intentionally disfiguring or disabling someone's body)
Penal Code 286 & 287: Sodomy and Oral Copulation by Force
Penal Code 288 & 269: Lewd Acts with a Child and Aggravated Sexual Assault of a Child
Penal Code 289: Forcible Sexual Penetration with a Foreign Object
Penal Code 285: Incest

Penalties and Sentencing for PC 220

Penal Code 220 PC is classified as a straight felony under California law. It is a non-wobbler offense, meaning it can never be filed as or reduced to a misdemeanor.

The statutory penalties vary significantly based on the victim's age and the location where the offense occurred.

Standard Penalties (Adult Victim)

If the intended victim was 18 years or older at the time of the offense, the crime falls under California's determinate sentencing triad for punishment.

2, 4, or 6 years in California state prison
A maximum court fine of up to $10,000
Formal (felony) probation under intense supervision

Enhanced Penalties (Minor Victim)

If the prosecution proves that the intended victim was under 18 at the time of the assault, the statutory sentencing ranges increase to:

5, 7, or 9 years in California state prison
A maximum court fine of up to $10,000
Formal (felony) probation

The "Home Invasion" Sentencing Enhancement

Under California law, a severe sentencing enhancement is triggered if the assault takes place during a first-degree residential burglary.

When a defendant enters an inhabited home, vessel, or floating home with criminal intent and then assaults an occupant to commit a listed felony, the usual prison terms are replaced. Instead, the defendant faces:

Life in California state prison with the possibility of parole

Critical Collateral Consequences

California Three Strikes Law: A conviction under PC 220 is legally defined as a serious and violent felony. This means it counts as a permanent "strike" on your criminal record. Any subsequent felony conviction in California will automatically double your prison sentence, and a third strike can result in a mandatory 25-years-to-life prison sentence.
Sex Offender Registration (PC 290): If the underlying felony you intended to commit was a sexual offense (such as rape, sodomy, forcible oral copulation, or lewd acts with a minor), a conviction mandates lifetime or tier-based public sex offender registration.
Loss of Constitutional Rights: A felony conviction results in a lifetime prohibition on owning, possessing, or purchasing firearms or ammunition under both California and federal law, as well as the loss of the right to vote while incarcerated.

Real-World Example of PC 220

A woman is walking to her vehicle in a dimly lit parking structure in Los Angeles. A man suddenly jumps out from behind a concrete pillar, grabs her by the shoulders, and shoves her against the wall, demanding that she submit to a sexual act.

The woman screams loudly, striking the man with her purse and breaking free. A parking security guard hears the commotion and detains the man as he tries to flee.

Even though the man touched her for only a matter of seconds, never brandished a weapon, and failed to commit a sexual assault, he can be fully prosecuted for a felony under Penal Code 220 PC.

His physical action established the assault, and his explicit verbal statement during the struggle provides the definitive proof of his intent to commit rape.

Legal Defenses to Defeat PC 220 Charges

Because PC 220 requires a precise combination of an unlawful physical act and a specific internal motivation, multiple strategic criminal defenses may apply:

Lack of Specific Intent

This is the most common defense. The defense may concede that a simple assault or a physical altercation occurred, but argue that the defendant had absolutely no intention of committing rape, mayhem, or any other listed felony.

If the prosecution cannot definitively prove what the defendant intended to do next, the PC 220 charge cannot stand.

Accidental Conduct or No Assault

Assault requires a volitional, intentional act. If the physical contact or application of force was entirely accidental, or if the defendant's actions were misconstrued and never actually placed the other individual in danger of an imminent application of force, no underlying assault occurred.

False Accusations and Fabrications

In emotionally charged situations—such as domestic disputes, sour relationships, or messy divorces—allegations are sometimes entirely fabricated or wildly exaggerated.

A defense attorney will perform thorough digital forensics, cross-examine witnesses, and review surveillance footage to challenge the credibility of the complaining witness.

Insufficient Evidence

Many PC 220 allegations rely solely on "he-said, she-said" testimony, with no corroborating physical evidence, DNA, or digital communications. If the defense can expose inconsistencies in the state's narrative, the jury must acquit based on the reasonable doubt standard.

Frequently Asked Questions (FAQs)

What is the primary difference between simple assault and PC 220?

Simple assault under Penal Code 240 PC is a misdemeanor that only requires proving a person attempted to use illegal force against someone else.

Penal Code 220 PC is an aggravated felony because it requires proving the assault was explicitly used as a tool to try and commit a severe crime like rape or mayhem.

Can I be convicted if the victim didn't suffer any physical injuries?

Yes. Under California law, an assault does not require any physical contact, mark, or injury to occur. Grabbing someone's arm, pulling their clothing, or blocking their path while intending to commit a listed felony is legally sufficient to trigger a conviction.

What is the "Home Invasion" enhancement under Penal Code 220?

If a person commits a first-degree residential burglary (entering an inhabited dwelling with criminal intent) and, while inside, assaults an occupant with the intent to commit one of the listed felonies, the penalties skyrocket.

Instead of a standard term of years, the court can sentence the defendant to life in state prison.

Does a conviction under Penal Code 220 require registration as a sex offender?

It depends entirely on the underlying felony the defendant intended to commit.

If the prosecution proves the assault was committed with the intent to perpetrate a sex crime (such as rape, sodomy, or lewd acts with a minor), mandatory sex offender registration under Penal Code 290 PC will be triggered. If the intent was to commit mayhem, registration is generally not required.

Is Penal Code 220 a "wobbler" that can be reduced to a misdemeanor?

No. Penal Code 220 PC is a straight felony under California law. Judges do not have the statutory authority to reduce this specific charge to a misdemeanor at sentencing or during a preliminary hearing.

Can a defense attorney get PC 220 charges reduced to a lesser offense?

Yes. If a defense attorney successfully demonstrates that the evidence of specific felony intent is weak or contradictory, prosecutors will often agree to a plea bargain.

This frequently results in the charge being reduced to simple assault (PC 240), battery (PC 242), or attempted grand theft, effectively avoiding lengthy prison terms and mandatory registration.

Related California Crimes

When building a case involving an assault, prosecutors will frequently charge multiple parallel offenses based on the same sequence of events:

Penal Code 240 PC (Assault): The unlawful attempt, coupled with a present ability, to commit a violent injury on another person. This is a lesser-included misdemeanor offense of PC 220.
Penal Code 242 PC (Battery): Any willful and unlawful use of force or violence upon the person of another. Battery requires actual physical contact, whereas assault does not.
Penal Code 245 PC (Assault with a Deadly Weapon): Committing an assault using a firearm, knife, blunt object, or any force likely to produce great bodily injury (GBI).
Penal Code 261 PC (Rape): An act of sexual intercourse accomplished against a person's will by means of force, violence, duress, menace, or fear.
Penal Code 203 PC (Mayhem): Unlawfully and maliciously depriving a human being of a member of their body, or disabling, disfiguring, or rendering it useless.
Penal Code 288 PC (Lewd Acts with a Child): Willfully committing any lewd or lascivious act upon or with the body of a child under the age of 14 with the intent of sexual gratification.
Penal Code 289 PC (Forcible Foreign Object Penetration): Altering or penetrating the genital or anal openings of another person using a foreign object via force, fear, or coercion.
Penal Code 664 PC (Attempted Crimes): The general statute used when a person takes a direct, ineffectual step toward committing a crime but is stopped or fails. Prosecutors often charge attempted rape (PC 664/261) side-by-side with PC 220.

Strategic Criminal Defense for Violent Offenses

A conviction under California Penal Code 220 PC carries devastating, long-term consequences, including multiyear state prison sentences, a permanent strike on your criminal record, and potential lifetime registration as a sex offender.

Because these cases hinge on establishing a specific state of mind, securing early legal representation is vital to dismantling the prosecution's theories of intent.

The Esfandi Law Group handles high-stakes criminal allegations throughout Los Angeles and Southern California with aggressive, detailed defense strategies.

To review the specific facts of your case and explore your legal options, schedule a completely confidential, free case evaluation by contacting our office directly at (310) 274-6529.

Assault to Commit Felony