PC 220

PC 220

Offense

Assault, with intent to commit rape, mayhem, etc.

Aggravated Felony (AF)

Get 364 or less on each count to avoid AF as COV.
Assault with intent to rape might be AF as attempted rape regard-less of sentence.
See Advice

Crime Involving Moral Turpitude (CIMT)

Yes CIMT

Other Removal Grounds

Yes, DV if V has domestic relationship.
To ensure not wrongly charged as child abuse, keep minor V’s age out of ROC. See 243(a).

Advice and Comments

Bad plea. Even without 1 year, assault with intent to rape might be treated as attempted rape, an AF regardless of sentence.

If 1 yr or more is required, see 459/460(a) or (b) or 236/237; if that is not possible, see 243.4 or 207. If a strike is needed, one can plead to 136.1(b)(1) consecutive (with 8 months imposed) and avoid an AF.

2020-05-19T17:07:34+00:00Updated January 29th, 2020|