Legally speaking, assault isn’t simple. California has multiple assault laws on the books and each one is just a little different from the others. Assault with the intent to commit a felony is just one of California’s assault laws.
What is Assault with the Intent to Commit a Felony?
An assault with the intent to commit a felony in California describes an assault that was committed while the defendant was in the act of committing a felony. For example, if you are engaged in a felony burglary, are surprised but the homeowner, and shove them against the wall, you can be charged with assault with the intent to commit a felony.
This particular charge is usually attached to whatever felony you are accused of committing at the time of the assault. It doesn’t matter if you managed to pull off the felony or were caught in the middle of it. If an assault happened during what you intended to be a felony crime, you will be charged.
Consequences of an Assault With the Intent to Commit a Felony Conviction
If you’re convicted of assault with the intent to commit a felony, the maximum sentence includes up to six years in prison.
If you decide to not accept a plea bargain and take the case before a jury, the prosecution must prove that you willfully and knowingly applied force on the victim and that you were fully aware of the felonious crime you were also in the middle of committing.
It’s important to know that assault can mean more than simply punching a person. Assault is a blanket term that can also refer to:
The best way to avoid ever having to face an assault charge is always keeping your hands and feet to yourself.