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PC 220(b) Assault with Intent to commit Mayhem, Rape, Sodomy, Oral Copulation | Fresno Criminal Defense Attorney

PC 220(b) Assault with Intent to commit Mayhem, Rape, Sodomy, Oral Copulation

PC 220(b)(a)(1) Except as provided in subdivision (b), any person who assaults another with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for two, four, or six years.

(2) Except as provided in subdivision (b), 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 shall be punished by imprisonment in the state prison for five, seven, or nine years.

(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 shall be punished by imprisonment in the state prison for life with the possibility of parole.

What are the elements of PC 220(b)?

1. Defendant assaulted another person while in the commission of aburglary of the first degree, as defined in Penal Code Section 460(a).

2. The assault was made with the specific intent to commit rape, sodomy, oral copulation, or any violation of Penal Code Section 264.1, 288, or 289.

3. The defendant's act of offense was against the victim's will by means of force, violence or duress.

Will I go to prison if I'm convicted of violating PC 220(b)?

The potential sentence for a violation of PC 220(b) is 7 years - Life in Prison.  However, if probation is granted, the sentence may include up to 1 year in county jail.

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