Torture Laws California (Penal Code 206 PC) Criminal Defense Attorney

What is the crime of "Torture" in California (Penal Code Section 206 PC)?

Information on California Torture Crimes can be found at Penal Code Section 206 PC. In short, "Torture" is the act of causing great bodily injury to another with the specific intent to do so.

To prove the defendant has committed Torture, or a violation of penal code 206 pc, the prosecutor must prove that:

1) The defendant actually inflicted great bodily injury to someone else, and
2) While inflicting the injury to someone else, the defendant intended to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose.

Note 1: "Great bodily injury" is an injury greater than minor harm.

Note 2: "Sadistic purpose" means that the defendant tortured the victim in order to experience pleasure himself.

Note: The crime of torture (Penal Code 206) is complete if all of the elements listed above are proved by the prosecutor. It does not matter if the defendant did not actually inflict any suffering or pain on the victim.

How much jail time will I get if I am charged with torture (Penal Code 206)?

In California, Torture (Penal Code 206 PC) is always charged as a felony. If convicted of the crime of torture the defendant will face up to life in prison. The crime of torture is considered a "strike" in California. If the victim dies as a result of the torture the defendant can face the death penalty under California Penal Code Section 190.2(a)(18).

In addition to the maximum jail terms listed above, criminal convictions in general can have other severe consequences. Not all convictions carry the same consequences, but the list of possible consequence for criminal convictions include: Felony or misdemeanor probation sentence, fines, immigration consequences, employment loss, professional license revocation or denial, administrative hearings initiated (DMV and/or professional licensing hearings), increased insurance rates, civil lawsuits, mandatory registration requirement (for some sex crimes, drug crimes, arson crimes, and gang crimes), mandatory rehabilitation classes (for some domestic violence and child abuse type cases), restraining orders, loss of rights to own firearms (certain offenses), emotional stress on you and your family, and more.

What are my defenses to a charge of torture in California (Penal Code 206)?

There are too many defenses to the crime of torture to effectively list all of them in this blog. In general, it might be possible to reduce the torture charge or the amount of jail time (Probation is possible in unique circumstances. 

The most desired goal for the defendant is for a complete dismissal of the torture charges. 

For more information on defenses to criminal charges in general, including defenses to a charge of torture (Penal Code 206 PC), see Defenses to Crimes.

Without a doubt, the most important thing the defendant must do first is to speak to an experienced criminal defense attorney without delay. 

To learn more about the crime of torture and possible defenses to the crime of torture visit CriminalDefense909.com today, or call 909.913.3138 to speak directly to an experience California Criminal Defense Attorney. Initial consultations are free and we offer free consultations 24 hours a day 7 days a week.

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