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Assault with Intent to Commit a Felony

In California, assault with intent to commit a felony is covered under Penal Code 220. If a person assaults another with the intent to commit a serious sexual criminal act, they violate Penal Code Section 220. Mayhem (Penal Code 203), rape (Penal Code 261), sodomy (Penal Code 286), and oral copulation (Penal Code 287) are all considered serious sex crimes per this statute. Assault with the intent to commit a felony is a very serious crime in California and may be punished by up to six years in prison. Therefore, if you or someone you know has been charged with assault with intent to commit a felony, it is extremely important that you hire an experienced attorney in Orange County to help defend your case.

To convict a person on charges of assault with intent to commit a felony, the prosecution must prove that the defendant: (1) committed an act that would directly and probably result in the application of force to a person; (2) willfully committed that act; (3) was aware that a reasonable person would realize that their act would directly and probably result in the application of force to a person; (4) had the ability to apply force to another person; and (5) intended to commit one of the serious sexual criminal acts listed above. An experienced attorney in Orange County can help effectively present your case to the jury and ensure that you present the best defense possible.

The prosecution must first prove that the accused assaulted someone. Assault is simply an intentional attempt to commit a violent injury. Threatening statements that cause another person to believe that they are in imminent danger also constitute assault. It is important to note that to convict a person on assault charges the prosecutor does not have to prove that you actually physically harmed someone, but only that you attempted to cause someone physical harm. Orange County defense lawyer, William Weinberg is an experienced attorney who has successfully defended hundreds of clients, including those who have been charged with crimes related to assault. Mr. Weinberg takes the time to individually review each potential client’s case to provide a plan that works best for their circumstances.

Most of the crimes that are included under Penal Code 220 are sexual assault crimes, however this statute can also be violated by the intent to commit mayhem. Under Penal Code 203, Mayhem is defined as the act of unlawfully and maliciously doing any of the below to another person:

  1. Depriving a human being of a member of their body (such as a limb, ear, nose, etc.)
  2. Disabling, disfiguring, or rendering useless a member of the body
  3. Cutting or disabling the tongue
  4. Putting out an eye; or
  5. Slitting the nose, ear, or lip.

There are a variety of crimes that may be charged along with assault with intent to commit a felony including:

  • Assault (Penal Code 240) and battery (Penal Code 242). Assault is simply an attempt to commit a violent injury. The main difference between the two crimes is whether or not the person made physical contact. Battery requires physical contact, whereas assault only requires an attempt to make physical contact.
  • False imprisonment (Penal Code 236). False imprisonment is the unlawful violation of the personal liberty of another. This means that one person restrains, detains, or confines another person without their consent.

Orange County defense lawyer William Weinberg is an extremely experienced lawyer in Orange County who has many years of experience defending clients charged with various crimes. He will consider your case free of charge and advise you of your options. To reach him please contact his Irvine office at (949) 474-8008 or by emailing him at bill@williamweinberg.com.

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