What is the effect of the repeal of section 221 of the California Penal Code section 221, assault with the intent to commit a felony?

California, United States of America


The following excerpt is from People v. Beeman, 126 Cal.App.3d 749, 179 Cal.Rptr. 100 (Cal. App. 1981):

1 Penal Code section 221, assault with the intent to commit a felony, was repealed effective January 1, 1981. (See Stats.1980, ch. 300, 4.) The repeal was in response to judicial decisions pointing out that an assault with intent to commit a felony is but one form of an attempt to commit the felony, and was not intended to eliminate sanctions against such persons. (See People v. Murtishaw (1981) 29 Cal.3d 733, 762-763, fn. 24, 175 Cal.Rptr. 738, 631 P.2d 446.) Accordingly the repeal of that section provides no relief to defendant. (Ibid.)

Other Questions


Does section 12022.5, subdivision (a) of the California Penal Code, section 120 22.5(1) of Section 1385(2) apply to a defendant who personally uses a firearm in the commission of a felony or attempted felony? (California, United States of America)
What is the range of sentences for a man convicted of a serious-felony assault, assault and assault committed under section 654 of the California Criminal Code? (California, United States of America)
Does a Defendant who commits an assault with a firearm under section 245, subdivision (a)(1) of the California Criminal Code commit assault with the deadly weapon under Section 245 of the Civil Code? (California, United States of America)
What is the effect of qualifying words and phrases in section 667.6, subdivision (d) of the California Criminal Code, when a defendant is convicted of assault with intent to commit mayhem under Section 220 of the Code of Civil Procedure? (California, United States of America)
What is the range of sentences for a man convicted of a serious-felony assault, assault and assault committed under section 654 of the California Criminal Code? (California, United States of America)
Is a person guilty of burglary if they enter a structure enumerated in section 459 of the California Penal Code with the intent to commit a felony? (California, United States of America)
Is a conviction under section 220 of the California Criminal Code for assault with intent to commit a felony during the commission of a first degree burglary a lesser included crime? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
Is a serious felony conviction described by section 1192.7, subdivision 23 of the California Criminal Code a "serious felony" and arising out of a crime committed before the effective date of Proposition 8? (California, United States of America)
What is the effect of section 633.5 of the California Penal Code on a phone recording pursuant to section 632 of the Penal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.