03 Sep 25
Administering drugs to another person with the intent to commit a felony is unlawful. If you willingly and intentionally administer drugs to another person with the intent of manipulating or incapacitating him/her for criminal reasons, you could face grave penalties under Penal Code 422.
Prosecutors and judges are strict on drug‐related offenses, particularly when drugs are administered for criminal purposes. For that reason, you would not want to face the court alone. If you have been arrested for a PC 422 charge. Because of the legal complexity of a PC charge, challenging the allegations in court requires a robust legal representation by a seasoned criminal defense attorney.
In addition to being your legal counsel, a seasoned attorney will investigate, craft strong defenses, and work tirelessly to help you secure the best possible outcome.
A PC 422 Charge at a Glance
PC 422 makes it unlawful to administer controlled substances to someone else with the criminal intent of carrying out, enabling, or facilitating a felony. The primary purpose of this statute is to protect people from being drugged and later charged with felony offenses.
Understanding the facts and particulars of this law is vital if you or a loved one is under investigation or charged with an alleged PC 422 violation. Examples of drug substances covered by this statute include:
- Ether
- Laudanum
- Any anesthetic or sedative
- Chloroform
- Any controlled drug substance
- Any intoxicating chemical
What matters for a PC 422 violation conviction is adequate evidence to prove that you administered drugs intending to facilitate a felony by yourself or another person. Therefore, if your attorney can provide adequate evidence that raises doubt on the prosecutor’s case against you, the court could dismiss or reduce your charges.
Importance of Thorough Legal Representation When Charged With a PC 422 Violation
Since the criminal prosecution process begins with an arrest, what you do afterward will significantly influence the outcome of your case. Hiring a skilled attorney should be your first step. A qualified attorney can:
- Review the evidence — You will rely on the evidence the prosecutor has against you to pinpoint any inconsistencies and weaknesses that he/she can use to your advantage to challenge the allegations you are facing
- Develop defense arguments — Even if you are confident the allegations you are facing are untrue, the court will expect you to prove your innocence beyond a reasonable doubt to secure a dismissal of the case. That is why you need an attorney to craft the best defense arguments that can work in your favor to secure the best possible outcome
- Protect your legal rights — You will rely on your attorney to protect your constitutional rights throughout the legal process
Examples of Acts That Could Attract Charges Under PC 422
Below are real-world examples of acts or conduct that could attract criminal charges under PC 422:
Spiking Someone’s Beverage to Facilitate a Robbery
While at the restaurant, Nick decides to rob Lucy, a wealthy customer, after he sees her flashing large sums of money. To do so, he approaches a table where she is seated and slips a concentrated sedative into her cocktail while she is looking away and talking with a friend sitting next to her.
As Lucy becomes incapacitated and drowsy, Nick follows her outside the restaurant, where she had parked her vehicle, and robs her of the cash and other valuables in the car. Even if Nick was arrested before successfully taking Lucy’s money, the court can convict him for a PC 422 violation due to his criminal intent and actions.
Drugging a Store’s Security Officer to Facilitate a Burglary
Liz plans to burglarize a store with gold jewelry. However, since the store or shop has a security guard keeping an eye on it, she decides to neutralize him by handing him coffee spiked with a highly effective sleeping pill. Once the security officer falls asleep, Liz torches the store to break in and steals several gold watches and necklaces.
In this case, the prosecutor could secure a PC 422 violation against Liz for drugging the officer with a powerful sleeping pill to facilitate or commit a burglary offense. A criminal intent to commit a burglary offense, which is a felony, by administering a sleeping pill to the officer, meets the requirements for a conviction under PC 422.
Drugging Someone to Commit a Kidnapping Offense
Claire plans to kidnap her ex-boyfriend, Nate, with the intent of extorting money from his relatives and family. Then, she invites Nate to her apartment while pretending she wants to have reconciliation talks with him and spikes a controlled substance into his glass of tea.
When Nate becomes incapacitated and unconscious, Claire uses a rope to bind and drive him to an isolated location or basement, where she calls her family members to demand ransom. Administering a controlled drug substance to Nate with the criminal intent to kidnap him could attract PC 422 charges against Claire because that is exactly what this statute seeks to discourage and prevent.
Administering Controlled Substances to Evade An Arrest
After a long chase by the police, Derrick decides to conceal himself in his friend Nathan’s house. To prevent his friend from turning him over to the law enforcement authorities, Derrick decides to drug Nathan with a powerful sedative to make him unconscious and incapable of informing the police of your whereabouts. Then, Derrick hides in Nathan’s bedroom, where he thinks the police cannot find and arrest him.
In this case, the court could convict Derrick for a PC 422 violation since his acts of incapacitating his friend using a sedative to facilitate the evasion of the police meet the definition of this felony crime.
It is worth noting that the prosecutor can and will secure a conviction against you even if the commission of the underlying felony was unsuccessful. As mentioned in the previous paragraph, your mere act of administering or drugging someone else with the criminal intent of committing a felony is enough for the court to convict you of a PC 422 violation.
Potential Legal Consequences of a PC 422 Violation Conviction
The court will convict you of a PC 422 violation if the prosecution proves the following facts beyond a reasonable doubt:
- You administered a controlled substance or drug to someone
- The controlled substance or drug could be any of the ones listed above, including chloroform or anesthesia
- You had the criminal intent to carry out or enable someone else to commit any felonious activity
Since a PC 422 charge is a felony, you should anticipate the following harsh legal penalties after a conviction at trial:
Imprisonment
The main punishment for a PC 422 violation conviction is jail time. The length of your sentence will vary, depending on the facts and circumstances of your unique case. Nonetheless, a PC 422 violation conviction will attract a sentence of 16 months, 2 years, or 3 years (per California sentencing tiers) but no more than 4 years.
The sophistication of the underlying offense and a criminal record for drug-related convictions could trigger maximum jail time after a PC 422 violation conviction.
Hefty Fines
Although they are not specifically outlined under PC 422, the judge could impose a fine as part of your sentence. How much you will pay will vary depending on the circumstances of your unique case, the seriousness of the underlying felony, and other mitigating or aggravating factors.
In addition to the fines, the court could require you to pay victim restitution for the monetary losses caused by the offense, including property damage and medical expenses.
Probation
With the legal assistance of your attorney, you may be granted probation instead of incarceration, which is a favorable sentencing alternative to jail time. However, you have to adhere to strict conditions and requirements, including:
- Agree to frequent check-ins with a probation officer
- Perform community service
- Agree to regular drug testing
- Agree not to commit another crime
The specific terms and requirements the court will set for your probation will depend on the specifics and circumstances of your unique case.
Factors That Could Influence the Seriousness of Your Sentence for a PC 422 Violation Conviction
After a PC 422 violation, after conviction, your case will proceed to sentencing, where the court will decide a suitable sentence for your offense. While a PC 422 violation conviction has standard penalties, the exact sentence you will face for your unique case may vary, depending on the following factors:
- Your criminal record
- The nature and seriousness of the felony you intended to commit or facilitate
- The extent or degree of harm caused to the victim
- Aggravating and mitigating factors presented
A dedicated and aggressive attorney will not give up on you and will strive to help you secure the most lenient sentence possible, even at the sentencing hearing.
In addition to the above severe legal penalties, a PC 422 violation could also attract other detrimental consequences that could significantly affect the quality of your life. For example, with a felony conviction under PC 422, securing employment or professional licensing may be difficult. Since the offense is a felony, you will also lose your rights to own, possess, receive, or carry a firearm.
Defenses to a PC 422 Charge
With sufficient and clear arguments backed up with evidence, including surveillance videos and eyewitness testimonies, the court could reduce or dismiss your PC 422 charge. Below are viable legal defenses that could work in your favor to secure a desirable outcome when charged with a PC 422 violation:
You Lacked the Intent to Commit a Felony
Remember, for a PC 422 violation conviction, the prosecutor must prove that you had the criminal intent to facilitate or commit a felonious act after administering drugs to the person (victim). If the prosecutor lacks sufficient evidence to prove this fact or your attorney’s evidence can raise a reasonable doubt on this fact, the court could reduce or dismiss your charge.
You are a Victim of Mistaken Identity
The court could dismiss or reduce your PC 422 charge if your attorney proves you are a victim of mistaken identity. That could be possible if someone wrongly identified you as the suspect for the offense due to your skin complexion or race, as the actual perpetrator.
For example, if you were at a crowded party with the victim, your attorney can argue that someone else laced the victim’s beer and not you.
You Lacked Knowledge That an Offense Was Occurring
For the prosecutor to secure a PC 422 violation conviction against you, he/she must prove that you willingly and knowingly administered a controlled substance or otherwise drugged the victim. If you were unaware that a drug was being administered or were unaware of the nature of the substance, the court could consider that a valid defense to a PC 422 charge.
For example, if you handed a beer to your friend (victim) without knowing that someone had laced it with a sleeping pill, your attorney can argue you did not know the drink had drugs. This legal argument could work to your advantage to secure the best possible verdict.
The Victim Consented to the Act
You would not be guilty of a PC 422 violation if the victim consented to receiving the drug substance in question. However, this legal defense could be more challenging to prove than the rest because the court will expect you to prove that the victim’s consent was voluntary and he/she was aware of the nature of the acts.
Someone Coerced to Commit the Offense
If someone coerced or forced you to drug the victim, your attorney could raise duress as a defense to challenge a PC 422 charge. Duress or coercion means you could not avoid committing the offense without facing immediate, severe harm.
In other words, you admit that you committed the unlawful act of administering drugs to someone (victim). However, you only did so because someone coerced you into doing it, meaning your actions were involuntary.
The Prosecutor’s Evidence is Insufficient
The prosecutor bears the legal burden to prove that you drugged someone with the intent of carrying out or facilitating the commission of a felony. If his/her evidence is circumstantial or weak, your attorney can challenge its validity to secure a dismissal of the PC 422 charge or a lighter sentence.
Being charged with a PC 422 charge can be traumatizing and overwhelming, but a conviction is not automatic. With the legal assistance of an aggressive attorney, you could secure a lighter sentence or dismissal of the entire charge.
An experienced attorney will leave no stone unturned when preparing legal defense arguments to challenge the allegations you are facing to secure the best attainable outcome.
A PC 422 Charge and Related Offenses
PC 422 involves administering drugs to facilitate felonies. While it may overlap with offenses like aggravated mayhem, torture, rape, or murder, each is prosecuted under its statute.
Aggravated Mayhem
You commit aggravated mayhem, defined under PC 205, when you disable or disfigure another person. Aggravated mayhem is closely related to a PC 422 charge because it involves causing willful and intentional harm to someone, but the former focuses more on physical disfigurement and injuries.
An aggravated mayhem conviction could attract up to life behind bars without the possibility of parole.
Torture
According to PC 206, it is unlawful to inflict injury on someone else with the criminal intent of causing him/her extreme suffering and pain for revenge, extortion, sadistic purposes, or any other wicked reason. A PC 206 violation conviction could attract up to life behind bars.
Torture offense is closely related to the PC 422 charge because they both involve causing harm to someone else, but the former focuses more on making the victim suffer or endure pain.
Rape
You commit a rape offense under PC 261 when you engage in non-consensual sexual intercourse with another person through threats, force, fear, or fraud, including situations where the other person (victim) is insane or under the influence. Under PC 261, rape convictions can carry up to 8 years, or more with aggravating factors. However, this sentence could be harsher if your case has aggravating factors such as:
- A prior record of similar or related crimes
- The victim is a minor
Murder
PC 187 defines murder, punishable by 15 years to life, or more under special circumstances. When you administer drugs to someone with the intent to commit or facilitate a felony, but the person dies in the process, your case could elevate to a murder charge. If the prosecutor secures a murder conviction against you, your sentence could include fifteen years to life behind bars.
Find a Credible Criminal Defense Attorney Near Me
A PC 422 charge is a felony that can attract life-altering consequences that could affect your freedom and quality of life. Hiring a seasoned criminal defense attorney to help you navigate the legal process knowledgeably is essential and could increase your chances of securing a favorable outcome.
We invite you to call our profound criminal defense attorneys at Leah Legal at 818-484-1100 if you or a loved one is under investigation or charged with a PC 422 charge in Van Nuys.
