One of the most heinous crimes you could ever be charged with is torture. The act of torture in the state of California is to intentionally injure another person for the sole purpose of inflicting great pain. A conviction for such a violent crime is a felony and carries a maximum of life in prison. That means you could be spending the rest of your days behind bars if convicted.
Due to the severity of the consequences, it’s within your best interest to contact an experienced criminal defense attorney right away.
Torture Defense Attorney in San Diego, California
Speaking to law enforcement could harm you in the end, so don’t say another word to police. Instead, start working on your defense plan as soon as possible by hiring an experienced violent crimes attorney today.
Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every manner of crime, and is ready to build your case against any charges, even ones as serious as torture. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, and El Cajon and of course San Diego proper.
Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.
Overview of Torture Laws in California
- Definition of the Crime of Torture Under California Law
- Penalties for Torture in California
- Federal Torture Laws in the U.S.
- Additional Resources
Definition of the Crime of Torture Under California Law
You’ve probably heard the term “torture” throughout your life, but what does it mean in a criminal context? In California, the crime of torture is defined under the Penal Code Section 206. To convict you of torture, the prosecution must prove the following beyond a reasonable doubt to the jury.
- You inflicted great bodily harm on another person; and
- While inflicting the injury, your intention was to cause extreme pain or cruel suffering for the sole purpose of extortion, persuasion, revenge, or any sadistic purpose
The crime can either be committed in a single act or over a course conduct. To understand the statute completely, it’s important to know certain legal definitions. The term “great bodily injury” means any significant or substantial physical injury like a broken bone or concussion.
In context to the statute, a person acts for the “the purpose of extortion” if they intend to:
- Obtaining a person’s property with their consent; and
- Obtaining the person’s consent through the use of force or fear
When someone acts with a sadistic purpose they intend to:
- Inflict pain and harm on someone else; and
- Does this in order to experience a type of pleasure for themselves
Torture is not like the act of murder in the sense that it doesn’t require any premeditation.
Penalties for Torture in California
The severity of a torture offense means the maximum is incredibly harsh. The penalties for torture can be found under Penal Code Section 206, which state the crime is classified as a felony. The offense is punishable by up to life in prison with the possibility of parole.
The reason for the sentencing being so severe is that:
- The defendant had an intent to inflict pain; and
- That pain was caused for a sadistic purpose
Torture is not eligible for expungement and if you are an carrying a visa or green card it will have negative immigration consequences. You could be deported or marked as inadmissible when trying to enter the country.
Federal Torture Laws in the U.S.
Torture isn’t just under California’s state laws. It’s also considered a federal crime and is defined under the U.S. Code Chapter 18 Section 2340, also known as the “Torture Act.” These laws are reserved for acts of torture outside the United States. According to the federal statute, a person is guilty of federal torture if:
- They are a U.S. national or a non-U.S. national present in the country; and
- Commits torture defined under the statute; and
- Commits the act outside of the United States
Any acts of torture committed within the United States is charged under state law. Conviction for federal torture is up to 20 years in prison. If the victim was killed during the commission of the crime, then the offender may face the death penalty or life in prison.
Additional Resources
California Torture Laws – Visit the original statute for torture in California.
Torture Act | Federal U.S. Code – Visit the official website for the Department of Justice Archives to read up on their laws regarding torture in the federal jurisdiction. Access the site to read up on the penalties for torture, how the federal government defines torture, and more.
Lawyer for Torture and Mayhem in San Diego County, California
Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every manner of crime, and is ready to build your case against torture charges. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon and San Diego proper.
Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.