Assault with Intent to Commit a Felony – California Penal Code 220

If you are charged under California Penal Code 220, you are facing a serious felony offense that carries the possibility of years — or even life — in California state prison.

Penal Code 220 makes it a felony to commit an assault while intending to commit certain enumerated crimes, most commonly serious sex offenses or mayhem.

Because this charge often accompanies other felony allegations such as rape, lewd acts, or burglary, early and aggressive legal defense is critical.

Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at the Hedding Law Firm in Los Angeles. To schedule a consultation, call (866) 986-2092 or use the contact form here.

What Is Penal Code 220?

California Penal Code 220 criminalizes:

Assault committed with the intent to commit specified felony offenses.

In simple terms:

There must be an assault
At the time of the assault, the defendant must have intended to commit one of the listed felony crimes

It is not enough that an assault occurred. The prosecution must prove specific intent to commit one of the enumerated felonies.

What Is “Assault” Under California Law?

Under California Penal Code 240, assault is defined as:

An unlawful attempt, coupled with the present ability, to commit a violent injury on another person.

Key legal principles:

No injury is required
Even slight offensive touching qualifies
Assault can be direct or indirect
Throwing an object or striking clothing may qualify
The victim does not need to feel pain

For PC 220, prosecutors must prove the assault occurred in furtherance of the intended felony.

What Felonies Must Be Intended?

Penal Code 220 applies only when the assault is committed with the intent to commit certain enumerated crimes, including:

If prosecutors cannot prove you specifically intended one of these crimes at the time of the assault, PC 220 does not apply.

Penalties for Penal Code 220

Penal Code 220 is always a felony. It is not a wobbler.

If the Victim Is 18 or Older:

2, 4, or 6 years in state prison

If the Victim Is Under 18:

5, 7, or 9 years in state prison

Home Invasion Enhancement

If the assault occurred during a first-degree residential burglary while intending to commit one of the listed felonies, the penalty can be:

Life in prison with the possibility of parole

This “home invasion” scenario significantly increases exposure.

What Must the Prosecution Prove?

To convict you under PC 220, the prosecutor must prove beyond a reasonable doubt:

You committed an assault
At the time of the assault, you intended to commit one of the enumerated felonies
The assault was committed in furtherance of that intended crime

Intent is the central issue in most PC 220 cases.

Common Defense Strategies

Because this charge hinges on intent, several defenses may apply.

1. Lack of Specific Intent

If the prosecution cannot prove you intended to commit one of the listed felonies, the charge fails.

Mere suspicion or speculation is not enough.

2. Accidental Contact

If the touching was accidental and not willful, there is no assault.

3. Insufficient Evidence

These cases often rely on:

Alleged victim testimony
Circumstantial evidence
Statements taken during investigation

Inconsistencies or credibility issues can create reasonable doubt.

4. False Allegations

In emotionally charged or domestic situations, false or exaggerated allegations sometimes occur.

A thorough investigation is critical.

Is Abandonment a Defense?

Unlike some “attempt” crimes, abandonment is not a defense to PC 220.

If prosecutors prove you committed the assault while intending to commit the felony — even if you later stopped — the crime is considered complete.

Frequently Asked Questions

Is Penal Code 220 a strike offense?

Yes. Assault with intent to commit certain sex crimes may qualify as a serious or violent felony under California's Three Strikes Law.

Can PC 220 charges be reduced?

In some cases, charges may be reduced to assault or attempted offenses if the evidence of specific intent is weak.

Do prosecutors have to prove the felony actually happened?

No. They must prove you intended to commit it at the time of the assault, not that the felony was completed.

Is probation available?

In many PC 220 cases, probation is unlikely, particularly if the alleged offense involves a minor or serious sexual conduct.

Why Early Legal Representation Is Critical

Penal Code 220 charges often accompany allegations of:

Rape
Lewd acts with a minor
Sexual assault
Home invasion burglary

These are life-altering accusations with severe consequences.

An experienced criminal defense attorney can:

Challenge the intent element
Investigate witness credibility
Review forensic and digital evidence
Negotiate reduced charges
Intervene before formal filing in some cases

Early intervention can dramatically impact the outcome.

Los Angeles Penal Code 220 Defense Attorney

If you or a loved one has been charged with assault with intent to commit a felony, you are facing a serious prison sentence and long-term consequences.

The experienced criminal defense attorneys at Hedding Law Firm represent clients throughout Los Angeles and Southern California facing high-stakes felony charges.

Call (866) 986-2092 for a confidential consultation to discuss your case and defense options.

Assault to Commit Felony