California Penal Code §220 — Assault with Intent to Commit Rape
PC §220 makes it a felony to assault another person with intent to commit mayhem, rape, sodomy, oral copulation, or specified sex offenses. Convictions carry 2, 4, or 6 years in California state prison. PC §220 is a serious felony (strike) with lifetime sex-registration consequences.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Assault with Intent to Commit Rape Cases in All LA County Courts
01 — Quick Facts
PC §220 — Assault with Intent to Commit Rape at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §220 — Assault with Intent to Commit Specified Sex Offenses |
| Code Type | Penal Code (PC) |
| Classification | Felony (Serious / Strike) |
| Prison Term | 2, 4, or 6 years state prison |
| Fine | Up to $10,000 |
| Strike | Yes — serious felony under PC §1192.7(c) |
| Probation | Formal (up to 3–5 years) — rarely granted |
| Sex Registration | Yes — lifetime under PC §290 |
| Expungeable | No — strike / state prison bars PC §1203.4 |
| Immigration | Aggravated felony — deportable and inadmissible |
| Related Codes | PC §261 (rape), PC §287 (sodomy), PC §288a (oral copulation), PC §264.1 (rape in concert) |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §220?
What Is California Penal Code §220?
PC §220 Reads:
"Except as provided in Section 220.1, every person who assaults another with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 is punishable by imprisonment in the state prison for two, four, or six years."
— California Penal Code §220(a)
California Penal Code §220 criminalizes assault committed with the specific intent to commit rape, sodomy, oral copulation, mayhem, or certain other sex offenses. Unlike simple assault (PC §240), which requires only general intent, §220 requires the prosecution to prove the defendant harbored a specific intent to commit one of the enumerated target crimes during the assault. It is one of the most serious sex-crime allegations in California, carrying strike status, lifetime sex-offender registration, and severe immigration consequences.
§220 vs. Attempted Rape (PC §664/261)
Attempted rape under PC §664/261 requires a substantial step toward completion of the rape plus intent. §220 requires only an assault (an unlawful attempt coupled with present ability) plus intent to commit the target offense. The assault in §220 need not reach the 'substantial step' required for attempt. This makes §220 easier for prosecutors to prove than attempted rape, but the penalties are similarly severe.
Why This Law Matters
PC §220 represents the critical intersection of violent crime and sexual violence. Even when the underlying sex offense is not completed, the combination of assault and sexual intent triggers California's most severe sentencing and collateral consequences — including strike status, lifetime registration, and deportation. Los Angeles County prosecutors file §220 in cases ranging from bar-fight escalations to home-invasion sexual assaults. At Rubin Law, P.C., we defend §220 charges by challenging the assault element, attacking the intent proof, and litigating consent and identification defenses.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §220
To convict a defendant of assault with intent to commit rape (or other specified offenses) under PC §220, the prosecution must prove each of the following elements beyond a reasonable doubt.
You Committed an Assault on Another Person
An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on another. The prosecution must prove the defendant took a direct but ineffective step toward inflicting injury, and had the actual ability to do so at that moment. Words alone, threats, or conditional statements do not constitute assault.
You Acted with Intent to Commit Rape, Sodomy, Oral Copulation, Mayhem, or an Enumerated Sex Offense
This is the critical specific-intent element. The prosecution must prove the defendant assaulted the victim WITH THE PURPOSE of committing one of the target crimes. General intent to harm, anger, or fight is not enough. The defendant's statements, conduct, and surrounding circumstances are examined for evidence of sexual or mayhem intent.
The Assault Was Not Committed in Self-Defense or Defense of Others
California law recognizes lawful assault in self-defense or defense of others when the defendant reasonably believes they or another person are in imminent danger of unlawful force. If the assault was justified, §220 does not apply — though the defendant may still face charges for the underlying conduct if excessive force was used.
04 — Penalties
Penalties for PC §220 Assault with Intent to Commit Rape in California
PC §220 is a straight felony with the following sentencing exposure.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Felony §220 | PC §220 | 2, 4, or 6 years state prison | Formal (rarely granted) | Yes — serious felony |
| §220 + GBI Enhancement (PC §12022.7) | PC §220 / §12022.7 | 2–6 years + 3–6 years consecutive GBI | Formal (rarely granted) | Yes |
| §220 + Use of Firearm (PC §12022.5) | PC §220 / §12022.5 | 2–6 years + 3–10 years consecutive firearm | Formal (rarely granted) | Yes |
Sentencing Enhancements
Great Bodily Injury (PC §12022.7)
PC §12022.7
If the assault caused great bodily injury, adds 3–6 years consecutive prison. Also makes the offense a violent felony.
Use of Firearm (PC §12022.5)
PC §12022.5
Personal use of a firearm during the assault adds 3–10 years consecutive prison.
Victim Under 14 (PC §12022.8)
PC §12022.8
If the victim was under 14 years old, adds 5–8 years consecutive prison.
Additional Consequences Beyond Prison
- Lifetime sex-offender registration under PC §290 (public searchable database)
- Three Strikes qualification — counts as a serious felony strike
- Lifetime firearms prohibition under PC §29800
- Deportation, inadmissibility, and denial of naturalization for non-citizens
- Employment exclusion from schools, healthcare, law enforcement, and licensed professions
- Residency restrictions and community notification requirements
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §220 Assault with Intent to Commit Rape Charges
Rubin Law, P.C. defends §220 charges by attacking the assault element, the specific-intent proof, and litigating justification and mistaken-identity defenses.
No Specific Intent to Commit Target Offense
The most powerful §220 defense is showing the assault was motivated by anger, self-defense, or general aggression — not by specific intent to commit rape, sodomy, or mayhem. Without specific intent, §220 fails and the charge reduces to simple assault or battery.
Mens rea
No Assault Occurred
Words alone, threats, or conditional statements do not constitute assault. The prosecution must prove a direct but ineffective step toward injury with present ability to complete it. We challenge the factual basis of the alleged assault.
No assault
Consent
If the victim consented to the physical contact, or if the defendant reasonably believed the victim consented, there is no unlawful assault. Consent defenses are fact-intensive and require careful investigation of communications, witness statements, and prior relationship.
Consent
Self-Defense / Defense of Others
If the defendant reasonably believed they or another person were in imminent danger of unlawful force, the assault was justified. We investigate the full context of the confrontation, including who initiated contact and whether the response was proportional.
Justification
Mistaken Identity / Alibi
§220 cases often turn on victim identification. We challenge lineups, photo spreads, and in-court identification. Alibi evidence, surveillance footage, and electronic-location data can establish the defendant was not present.
Identity
Constitutional Sources
07 — Court Process
How PC §220 Assault with Intent to Commit Rape Cases Move Through Los Angeles Courts
§220 cases proceed through the following stages.
- 1
Step 1 — Investigation
Law enforcement interviews the victim, collects physical evidence (DNA, clothing, medical exams), and obtains witness statements. SART exams and rape-kit processing are standard.
- 2
Step 2 — Filing / Arraignment
Filed as a felony. Arraignment within 48 hours. Bail is typically set high. Sex-crime bail schedules in LA County start at $100,000–$250,000 for §220.
- 3
Step 3 — Preliminary Hearing
Prima-facie showing on assault and specific intent. Defense cross-examines the victim and challenges the sufficiency of intent evidence. PC §866.5 allows the victim to testify remotely in some cases.
- 4
Step 4 — Discovery
Police reports, victim statements, SART exam results, DNA analysis, surveillance footage, text messages, emails, and social-media communications.
- 5
Step 5 — Pretrial Motions
PC §1538.5 (suppression of physical evidence), PC §1118.1 (judgment of acquittal), mental-health diversion (PC §1001.36), and Romero motions to strike prior strikes.
- 6
Step 6 — Trial
CALCRIM 960 / 961. Typically 5–10 court days. Prosecution must prove specific intent beyond a reasonable doubt. Victim testimony, expert testimony, and forensic evidence are central.
- 7
Step 7 — Sentencing
State prison 2–6 years, lifetime sex registration, strike status, and restitution to the victim for counseling and medical costs. Formal probation is rare.
Los Angeles Courts That Handle PC §220 Assault with Intent to Commit Rape Cases
§220 filings occur in the courthouse serving the location of the alleged assault.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Assault with Intent to Commit Rape Defense Attorney
Daniel S. Rubin has defended clients charged with assault with intent to commit rape and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §220 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Assault with Intent to Commit Rape Cases Throughout LA County
See our full Assault with Intent to Commit Rape defense practice
09 — FAQs
PC §220 Assault with Intent to Commit Rape Questions — Los Angeles
What is the penalty for assault with intent to commit rape under PC §220?
PC §220 is a felony punishable by 2, 4, or 6 years in California state prison and a fine of up to $10,000. It is a serious felony (strike) and requires lifetime sex-offender registration under PC §290.
Does PC §220 require the sex act to be completed?
No. §220 requires only an assault plus specific intent to commit the target offense. The prosecution does not need to prove the rape, sodomy, or other offense was actually completed — only that the defendant intended to commit it during the assault.
Is PC §220 a strike?
Yes. PC §220 is a serious felony under PC §1192.7(c) and counts as a strike under California's Three Strikes Law.
Will I have to register as a sex offender if convicted of §220?
Yes. A §220 conviction requires lifetime sex-offender registration under PC §290. Your information will be publicly searchable on the Megan's Law website.
Can §220 be expunged?
No. Because §220 is a strike offense carrying state prison exposure, PC §1203.4 expungement is generally unavailable. Certificate of rehabilitation and governor's pardon are the only post-conviction relief options.
Is §220 deportable?
Yes. §220 is an aggravated felony and a crime involving moral turpitude (CIMT). It makes non-citizens deportable, inadmissible, and ineligible for naturalization. Immigration consequences are severe and permanent.
What if there was no sexual intent — just a fight?
Specific intent to commit a sex offense is required. If the assault was motivated by anger, self-defense, or general aggression, §220 fails and the charge should reduce to simple assault (PC §240) or battery (PC §242).
Available 24/7 — Free Consultation
Charged with Assault with Intent to Commit Rape Under PC §220?
§220 is a strike felony with lifetime sex registration and deportation consequences. Rubin Law, P.C. defends with intent, consent, and identity arguments. Call (213) 723-2337.