California Penal Code 206: Torture

Legal Definition: Every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury upon the person of another, is guilty of torture.For a person to be convicted of a violation of PC 206, the prosecution must prove the following:1. You inflicted great bodily injury on someone else;AND2. When inflicting the injury, you intended to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose.

What does this mean?

Torture does not mean listening to that song you hate on repeat. Nor does it actually involve waiting in line at the DMV. Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm. The crime of torture does not require any proof that the victim suffered pain. The only thing that needs to be shown is that you inflicted great bodily injury and that when you did, you intended to cause extreme pain and suffering while inflicting great bodily injury. Someone acts for the purpose of extortion if he or she intends to (1) obtain a person’s property with the person’s consent and (2) obtain the person’s consent through the use of force or fear.Someone acts for the purpose of extortion of a public official if he or she (1) intends to get a public official to do an official act and (2) uses force or fear to make the official do the act. An official act is an act that an officer does in his or her official capacity using the authority of his or her public office.Someone acts with a sadistic purpose if he or she intends to inflict pain on someone else in order to experience pleasure himself or herself.

Penalties

Torture is a straight felony in California and is considered a serious and violent felony. If you are convicted of the crime of torture, you could be sentenced to up to life in State Prison. You would be required to serve 80% of that time. This would also be a Strike offense under the Three Strike Law.
In addition to this, if ever released from custody, you would face serious issues with Professional Licensing and Immigrationconcerns. You would also likely receive a Criminal Protective Order, preventing you from contacting the victim for a set amount of time.

Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Violation of your Rights

It is not enough of a defense, as explained earlier that you did not actually commit great bodily injury against others. So long as the mindset is in your brain when you act, and you intended to cause great bodily injury, then that is sufficient, and not a defense to the charge. Since there are no degrees to Torture, it can be argued that the injury you caused was not severe and that in reality, it was a lesser offense. However, there are no technically lesser included offenses, but if elements of the crime are missing, your attorney may be able to mitigate your charges down to a less serious, non-life case.

Call Today

Facing allegations of torture is nothing short of harrowing. In California, the gravity of these charges is deeply understood, leading them to be prosecuted with unparalleled rigor. The stakes are immense: the looming threat of life imprisonment means that the choice of legal representation becomes one of the most consequential decisions one could ever make.

It’s not just about selecting any attorney; it’s about choosing one who combines a wealth of experience with a depth of understanding of the intricacies involved in torture cases. An attorney with expertise, authority, and a genuine commitment to advocating for their client’s rights.

Our PC 206 Ontario attorney embodies these attributes and more. With a commendable track record in successfully defending numerous individuals facing allegations under PC 206, you can trust us to be your bulwark against these severe charges. We’re driven by a deep-rooted dedication to justice, and our expertise stands as a testament to our commitment to our clients.

The path to mounting a robust defense starts with a single, cost-free conversation. We invite you for an initial consultation, where we can begin to chart a way forward. We’re on standby around the clock, prepared to provide answers and guidance whenever you need.

Entrust your defense to the Inland Empire Criminal Defense. Call us at 909-939-7126. Strategically located in Ontario, CA, we’re ready to champion your cause and stand by your side throughout this ordeal.