California law defines torture as causing significant bodily injury to someone else with an intent to cause cruel pain or suffering for revenge, extortion, or other sadistic purposes. When you face charges of torture, you must understand that evidence of actual injury to the victim is not necessary to secure a conviction. Having the intent to commit the crime is enough to find you guilty under California PC 206.

Torture is one of the most severe offenses for which you can be charged in California. Therefore, you should expect the prosecution team to aggressively pursue a conviction and harsh penalties in your case. You could face life imprisonment if you are found guilty of violating PC 206. Additionally, having a felony conviction on your criminal record can harm your life moving forward.

Your best bet at beating your torture charge and avoiding the legal and collateral consequences of a conviction is to hire and retain a competent criminal lawyer. Your attorney will ensure you understand the charge and build a solid defense to ensure the best possible case outcome.

Understanding California's Torture Laws

If you face criminal charges under California PC 206, the prosecution must prove the elements below beyond a reasonable doubt before the court can convict you:

  • You Inflicted Great Bodily Injury on Someone Else

The initial element that must be clear when establishing your liability for violating PC 206 is that you caused significant harm to another person. "Great bodily injury" means physical harm that is more than a minor or moderate injury. You could be found guilty of torturing someone even if they did not experience pain from your actions. Some of the injuries that qualify as GBI include:

  • Broken bones
  • Concussions
  • Contusions
  • Second- and third-degree burns,
  • Gunshot wounds

  • Your Actions Were Intentional

Not all instances of causing great bodily harm to someone will attract an arrest and conviction for torture. The prosecution must prove that your actions were willful. For example, you cannot be charged with torture if you hit another person and they suffer serious injuries.

  • You Were Motivated by Extortion, Revenge, or Other Sadistic Purposes

The motive of your acts is critical when proving a violation of PC 206. This element differentiates torture from other crimes, such as aggravated battery and mayhem. The court requires the prosecuting attorney to prove without a doubt that you were motivated by the following:

  1. Extortion. Under California law, extortion is a crime that involves the use of force or violence to compel another person to provide property or critical information. If you caused injury to the alleged victim as part of extortion, you would be convicted of torture.
  2. Revenge. Your acts of torture against another person are motivated by revenge if you seek to get back at the victim for something that did not go your way or a relationship that did not end favorably.
  3. Sadistic purposes. Sadism involves gaining pleasure from the pain, discomfort, and suffering of others. You would be convicted of torture if you inflicted great bodily injury on another person for personal satisfaction.

  • You Intended to Cause Pain and Suffering to a Victim

Your intention is the final element that must be clear when proving your guilt under torture laws. Unlike murder. Torture does not require you to act with premeditation or malice afterthought. However, you must have intended to cause someone else pain and suffering. Whether or not you succeeded in causing pain will not affect your conviction.

Punishment and Sentencing for Torture in California

Torture is always charged as a felony. If the prosecution can prove all the elements of the crime beyond a reasonable doubt, you will face the following:

  • Life imprisonment with the possibility of parole.
  • A maximum of $10,000 in fines.

The main reason for the severe penalties for this offense is not because you caused extreme pain to the victim but because of your sadistic motivation to engage in the criminal act.

Immigration Consequences of a Conviction for Torture

If you are an immigrant in the United States, a PC 206 conviction can severely affect your immigration status. California law has a set of rules on crimes that can affect your immigration status. Torture is a crime of moral turpitude and an aggravated felony. A crime of moral turpitude is an offense that is based on vile conduct against another person.

Therefore, if you face a torture conviction, you risk deportation or being rendered inadmissible in the United States. Deportation involves forceful removal, while inadmissibility means you cannot return to the US once you leave. If you face torture charges, seeking legal guidance is critical.

Torture and California's Three Strikes Law

The Three Strikes Law is a sentencing scheme that imposes a sentence of 25 years to life for individuals facing a conviction for a violent felony and having two prior felony convictions. The court imposes a harsher penalty for each strike on your record.

  • Third Striker. If you face charges of torture and have two prior strikes on your record, your conviction could result in life imprisonment.
  • Second striker. Torture is a strike under the three strikes law. Therefore, you are a second striker if you already have another strike on your record before your PC 206 conviction. In this case, the court will impose a 25-year sentence or double the sentence necessary for your conviction.
  • First striker. Being a first striker means your torture conviction is your first violent crime. In the sentencing for subsequent offenses, the court will refer to this strike to enhance your penalties.

Collateral Consequences of a Conviction for Torture

The consequences of a torture conviction go beyond incarceration and fines. Being a violent felony, the crime will taint your criminal record. Criminal convictions are accessible to the public in California and can be used against you long after serving your prison sentence. Common ways in which your conviction will impact your life include:

  • Your Employment Opportunities

Job applicants must disclose their criminal convictions to their potential employer unless the conviction is expunged. Since you will serve prison time for torture, you cannot expunge the conviction. Even when you do not disclose your conviction, your potential employer can find it in your criminal record during background checks. Most people are reluctant to hire convicted felons. Therefore, you may be passed over for the job opportunity.

  • Your Professional License

Some professions, like doctors, nurses, pharmacists, dentists, teachers, and social workers, require a professional license. The licensing boards hold these professionals in high regard and do not condone criminal conduct.

A conviction for torture on your record will attract a suspension or revocation of your license. Losing a professional license could end a career you may have spent years building. You can protect your professional license by fighting and beating your torture charges.

  • Right to Serve on a Jury

An individual with one or more felony convictions on their record is automatically disqualified from being on a jury. You can only restore civil rights by applying for a Certificate of Rehabilitation (COR). A COR is a post-conviction relief where the judge finds that you have been rehabilitated after a conviction. Another way to restore these rights would be to apply for a governor's pardon.

  • Firearm Possession

California law allows its residents to legally purchase and own firearms. However, as a convicted “felon,” you will be banned from using and purchasing weapons for a lifetime. Failure to adhere to the ban can attract arrest and criminal charges.

Defenses Against California PC 206 Charges

Building a solid defense against your PC 206 charge is critical. You can employ these arguments to defend against torture charges:

You Acted in Self-Defense

No law prevents you from protecting yourself against foreseeable harm or injuries. If you cause significant bodily injury to another person while protecting yourself, you cannot be found guilty of torture. While self-defense is applicable, you can only use it under the following circumstances:

  • You reasonably believed that you were at risk of injury or death.
  • You believed that the action you took was necessary to protect yourself.
  • The amount of force you used against the victim was necessary for your protection and not to harm or injure the other person.

You can avoid the conviction if there is clear evidence that your actions were motivated by self-defense.

You are a Victim of False Allegations

Torture is a serious offense with severe repercussions after a conviction. Therefore, it would not be uncommon for someone to accuse you of a crime falsely. A person may be motivated by jealousy or anger to accuse you of a crime you know nothing about falsely. Additionally, a person trying to escape liability for the offenses can attempt to pin the blame on you.

Lack of Criminal Purpose

One of the most critical elements needed for a torture conviction is your motivation when inflicting cruelty on an alleged victim. You cannot be guilty of the crime unless there is clear evidence that you were motivated by extortion, revenge, or other sadistic reasons. Showing you did not act with these goals could help you avoid liability for the offense.

However, you must understand that if there is evidence you caused injury to the victim even without criminal motivation, you can be charged with other crimes like mayhem and aggravated battery.

Insanity

You can always assert a defense of insanity for your torture charge. A person is legally insane when they have a mental disability or incapacitation that prevents them from distinguishing right from wrong. If you have evidence showing that you did not understand the nature of your acts and the potential consequences, the court can drop your PC 206 charges,

Instead of facing punishment, you will be confined in a mental health institution where you will receive the necessary treatment, counseling, and rehabilitation.

Federal Torture Laws

Torture is a serious felony. The offense can attract charges under state and federal laws. If you commit the crime of torture within the United States, you will be charged under relevant state laws. However, US residents or citizens who commit crimes outside the country could be extradited and charged under 18 U.S.C. 2340.

Understanding federal torture laws lets you know what to expect when facing these charges. Charges in federal court are treated aggressively, and the FBI and other investigative agencies will be involved in your case to uncover sufficient evidence for a conviction.

A conviction for torture in federal court will result in a prison sentence of twenty years. Parole is not an option in federal court. Therefore, you are expected to serve your full sentence before a possible release. If you caused serious injuries or death to the victim of your crime, you risk facing a life imprisonment or death sentence.

If you or your loved one faces federal torture charges, you will require the guidance of a federal criminal lawyer to navigate your case. Your defense attorney should be able to work with federal prosecutors to negotiate favorable terms and secure the best possible outcome.

Frequently Asked Questions on Torture in California

Facing arrest and charges of torture is a challenging experience. Since California laws are complicated, you may feel more confused and uncertain of the way forward as the case progresses. The following are frequently asked questions about Penal Code 206:

      1. What happens if I am charged with torture and the victim dies?

Torture involves inflicting significant bodily injury on someone else. With the severity of the acts involved in the crime, it is not uncommon for a victim to die from the injuries. The laws regarding death during the commission of PC 206 are complicated and severe.

If there is evidence that you intended to torture the victim and your motivation is clear, the court could file first-degree murder charges against you. Based on the circumstances under which the victim dies, a conviction for first-degree murder will result in life imprisonment without parole or the death sentence.

Unfortunately, the case becomes more complicated when the victim dies without testimony, and the possibility of a wrongful conviction is high. If a victim dies while battling torture charges, the most critical step is to contact a skilled criminal lawyer to help you navigate the case.

     2. Can I secure an early release if I am sentenced to life imprisonment for torture?

Unless aggravating circumstances enhance your punishment, parole for torture is possible after life imprisonment. Some events that could elevate your sentence to life without parole include the attachment of murder charges to your case.

The earliest you can be released after a torture conviction is seven years after beginning the sentence. However, parole eligibility is not guaranteed. The parole board determines parole eligibility and release during a suitability hearing.

     3. What is the difference between torture and mayhem?

Mayhem under PC 203 and torture under PC 206 are similar in that they inflict great bodily injury on another person. However, what makes the crimes different is the motivation for committing them. A torture conviction requires the prosecution to prove that your criminal actions were motivated by extortion, revenge, or a sadistic purpose.

The motivation for torture makes it a more severe offense than mayhem. While both offenses are felonies, the penalties you face after a conviction vary significantly. The maximum prison sentence for a mayhem conviction is eight years. Torture could attract life imprisonment.

Sometimes, the court can send you to probation for mayhem. This will allow you to serve part of your sentence outside of prison. If you face a conviction for torture, probation is an unlikely sentence.

     4. Can I Expunge a Torture Conviction?

No. An expungement is a form of post-conviction relief that allows individuals to avoid the disabilities and collateral consequences of their conviction. While expungement offers significant relief, it is unavailable for individuals with a PC 206 conviction. You must meet an eligibility criterion to expunge your conviction.

One factor that makes you eligible for this relief is that you should not have served a prison sentence. A torture conviction can see you spend the rest of your life in state prison, making the conviction ineligible for expungement.

Find a Competent Attorney Near Me

If, with the motivation of extortion, revenge, or other sadistic purposes, you inflict great bodily injury on someone else, you can be arrested and charged with torture. The crime of torture is charged under CPC 206, where the main element to prove your guilt is your intent.

Torture is always a felony, and facing a conviction under this statute will see you spend substantial time behind bars and pay hefty fines. Besides the legal penalties, a torture conviction leaves behind a tainted criminal record. Being a convicted "felon" strips you of your gun rights and can attract other collateral consequences to your future.

Not all criminal arrests in California are strong enough to convict you. With guidance from a reliable defense attorney, you could explore different defense strategies to help you avoid a conviction or secure a lesser sentence for the offense.

The choice of your legal team can make a difference in the outcome of your case. If you face criminal charges for torture in Los Angeles, CA, the legal guidance we offer at Los Angeles Criminal Attorney will help your case. Call us at 424-333-0943 to discuss the details of your case.