It is a crime to administer drugs to another person to commit a felony intentionally. This law applies when someone uses drugs to reduce the victim’s ability to resist and make it easier to commit a serious offense. This charge hinges on your intent to commit a felony and your willingness to use drugs as a means of incapacitation.

A conviction under this law is serious and can result in penalties ranging from prison time and hefty fines to a criminal record that will remain with you for life. Because of the statute’s complexity, facing allegations of administering drugs to commit a felony requires strong legal representation. An experienced criminal defense attorney will be able to evaluate your case, craft an effective defense, and work to protect your rights in court.

Administering Drugs to Commit a Felony Under California Law

Under Penal Code Section 222, you commit a crime if you intentionally administer substances like:

  • Chloroform — This potent chemical was once used as an anesthetic. It depresses the central nervous system, thus causing the victim to experience unconsciousness or deep sedation. It is rarely used in medicine today. However, people still use the drug primarily to incapacitate someone.
  • Ether —This drug has been used as a general anesthetic in the past. It sedates the central nervous system, causing dizziness, confusion, and unconsciousness. Ether is a quick way to disable someone because of its rapid effect.
  • Laudanum — This is a tincture of opium dissolved in alcohol, formerly used as a painkiller and sedative. The drug is not commonly used in healthcare facilities. However, its opioid content can produce drowsiness, confusion, and, in higher doses, unconsciousness, which offenders would want to capitalize on.
  • Any controlled substance, anesthetic, or intoxicant — These are drugs and chemicals that affect cognitive function and physical ability. A person can become disoriented when they consume prescription medications, including benzodiazepines or barbiturates, or illicit drugs or alcohol.

Prosecutors must demonstrate that you administered the drug to enable or assist in the commission of a felony. This law targets people who intentionally use drugs or chemicals to incapacitate someone so that it is easier for you or others to commit a crime, like theft, assault, or even worse. The key element in these cases is your intent. If you deliberately give the substance intending to commit a felony, then you would have committed a crime under PC 222.

The statute is broad and includes many other substances that can lead to impairment. It does not matter if you use a common drug or a powerful anesthetic. The focus is on what effect it has on the victim. When you render someone unaware or unable to resist, you make them unable to protect themselves. Thus, you make it easy to commit a serious crime. You will be found guilty regardless of whether the victim was unconscious or only subdued.

For a successful prosecution under PC 222, the burden falls on the state to prove that:

  • You administered the substance or drug and
  • You intended to commit a felony.

Note: It is not enough for the state to prove you administered a substance. They must prove that the substance was linked to a crime you intended to commit. Without that clear connection between the use of the substance and the felony, the case cannot stand.

Common Felonies Involved in Administering Drugs to Commit a Felony Cases

In most cases, offenders administer the above drugs to commit any of the following offenses:

  • Burglary — In burglary cases, offenders use drugs to make the victim unconscious or so dazed that the burglary can be carried out without interference. The perpetrator can steal property or commit crimes in the home or other business without the fear of being detected and confronted.
  • Assault — Drugs are often used in assault to make a victim vulnerable to attack. Incapacitating the victim before the assault, whether that is a planned act of violence or an attempt to harm someone in a specific way, means the victim cannot defend themselves or escape. It prevents the victim from being able to resist. They are then exposed to harm.
  • Kidnapping — Kidnapping aims to take someone forcibly against their will. The drugs administered can cause the victim to become unconscious or confused. This means they have no time to realize that they are being abducted or to fight back. The offender is then able to move the victim or hold them captive without interference.
  • Insurance fraud — Drugs can also be used in cases of insurance fraud when it is staged that someone has had an accident or injury. The perpetrator incapacitates the victim so that there is no one to challenge their story of harm. It makes it seem that the victim was hurt or harmed in a way that would support a fraudulent claim. This can lead to financial gain through deception and manipulation.

Fighting Administering Drugs to Commit a Felony Charge 

Administering drugs to commit a felony is a serious charge. However, it is not indefensible. You can challenge the allegations and secure a positive outcome with the right defense approach. A strong defense strategy can pinpoint flaws in the prosecution’s case. Your attorney will be in a position to identify these flaws.

Some of the common defenses that apply to these cases include the following:

  1. Lack of Intent

You can challenge the charges by arguing you did not intend to administer a drug with intent to commit a felony. PC 222 requires that prosecutors prove that you administered the drug with deliberate intent to assist in or enable the commission of a felony. Without this critical element, the case against you weakens significantly.

Specific intent means that your intent had to be to further or facilitate a crime. However, proving that your actions were not motivated by this intent could go a long way toward undermining the prosecution’s case.

For example, if you administered the drug accidentally or if it happened in circumstances unrelated to any criminal activity, then you did not necessarily have the necessary criminal intent.

You could also argue that you administered the substance for reasons unrelated to committing a felony. For example, you can assert that you gave the alleged victim the drug for a medical reason or personal reasons without knowing it could help you in a crime. In this case, the specific intent to commit a felony is the issue. The prosecution would struggle to prove that you had that specific intent to commit a felony.

When you emphasize the lack of criminal intent in your actions, you cast doubt on the prosecution’s narrative. This case against you may fall apart without the state proving your specific criminal intent beyond a reasonable doubt. Depending on the specifics of your case, this defense strategy could result in reduced charges, having your case ultimately dismissed, or even an acquittal.

  1. You Were Coerced or Under Duress

Your attorney could assert that you were coerced or acting under duress when you allegedly committed the crime. California law allows duress as a defense to a crime. It can be used very effectively if you can show the circumstances of duress were based on a credible threat of immediate harm to you or your loved one. If, at the time of the incident, you were under threat or significant pressure, this defense could potentially change the outcome of your case.

This defense is successful if you face a direct and immediate threat of harm at the time. This threat can be physical injury or death to you or someone close to you. It must be clear, present, and severe. For example, a person with a loaded gun threatens to shoot you if you fail to comply with their demands. This threat must have been immediate, and there was no time to seek help or escape the situation. Duress would not apply if you were under a general or future threat and had time to escape from the situation.

If the threat left you with no reasonable way out, you could argue that you acted out of fear for your safety or others.

The act you committed also must be directly related to the threat. Duress would not apply if you administered the drug only because you were manipulated. It also does not apply if you acted out of your free will.

Note: Courts decide whether a threat is credible enough to trump your freedom of choice.

  1. You Are a Victim of Mistaken Identity

Fighting the charges by arguing that you were mistakenly identified as the perpetrator is also possible. This approach is especially effective if the prosecution’s case relies heavily on unclear circumstantial evidence, the presence of several suspects, or eyewitness testimony without corroborating evidence.

A victim or an eyewitness could mistake you for the offender because of stress, confusion, or not being on the scene to see the perpetrator. When under pressure, people may not have time to process details. In other situations, they could misremember important aspects of the incident. If the prosecution’s case is based primarily on the victim’s recollection, you could argue that their identification of you was inaccurate. A victim’s ability to make a clear identification can be affected by:

  • Poor lighting
  • Fast-moving events or
  • The passage of time

For example, if the victim was panicking or could not see the perpetrator well enough to get a good look, they may not remember it well enough to describe the offender. In these cases, you can challenge the credibility of the identification, casting doubt on the prosecution’s narrative.

A mistaken identity defense is even more effective if circumstantial evidence is a large part of the case. Issues like fingerprints, clothing descriptions, and surveillance video linking the accused to the crime are all circumstantial evidence. However, they are not proof of involvement. When misinterpreted or mislinked to the wrong person, circumstantial evidence is especially problematic when unclear or incomplete. You can put the evidence to the test, arguing that it equally applies to someone else or fails to conclusively tie you to the crime.

If there are several suspects, mistaken identity is particularly effective. If several people were in the area when the crime occurred or if it can be described similarly, a witness or victim can get confused about who did the crime. In this situation, you can argue that the person could be another since the evidence is open to interpretation. Your defense attorney can also show inconsistencies in witness statements or that their descriptions do not match you closely enough to be believable.

Showing, for instance, that you were somewhere else at the time of the crime will support your claim of mistaken identity. The strongest argument you can make is that you were not the person who committed the crime, and proving that you had no opportunity to do so can help make that argument. You can do so through surveillance footage, witness testimony, and other evidence that confirms your whereabouts.

  1. You Had the Victim’s Consent When You Administered the Drug

It is always a defense to argue that the victim consented to the administration of the substance. However, the legal definition of consent is complicated, particularly regarding substances that can affect people’s judgment or consciousness. Even if the victim agreed to take the substance, several critical factors can determine whether their consent holds legal weight:

  • Capacity to consent — The victim must fully understand the nature and consequences of their actions. If the substance administered prevented them from making informed decisions, their consent was invalid. One example is if the substance impaired the victim’s judgment at the time of consent, their ability to voluntarily agree could be questioned.
  • Voluntariness of consent — Consent should be obtained free of coercion, threats, or pressure. If the victim was made to consent or forced into agreeing, it would be ruled invalid. This means that the victim did not really agree to the administration of the drug.

You can also argue that you did not administer the drug. Your defense attorney can assert that the substance was self-administered or that you did not directly administer it. That could make it difficult for the prosecution to prove its case.

However, while you could argue that you did not administer the drug, you could still be charged with the underlying felony, for example, if you assaulted or kidnapped the victim. This defense strategy could help reduce the charges or severity of penalties. However, it is insufficient to convince a judge to dismiss the case is insufficient.

Penalties  for Administering Drugs to Commit a Felony

Under PC 222, the possible sentence if convicted of administering drugs to commit a felony is 16 months to 3 years in state prison. Various elements determine your sentence, including:

  • Severity of charges — A major factor is the seriousness of the felony you tried to commit. Crimes like kidnapping, assault, or burglary are more grave and have more severe penalties because they cause great harm. The more dangerous or damaging the crime, the longer the prison time.
  • Circumstances of the case — How the crime unfolded is pivotal in sentencing. If the drugging was done with premeditation or at the hands of sheer violence, the judge might impose a longer sentence. Similarly, if the victim suffered serious harm or the crime was part of a broader criminal plan, these details could lead to a harsher penalty.
  • Criminal history — Your prior criminal record matters a great deal for sentencing. If you have a history of committing similar offenses, particularly drug-related or violent crimes, you may receive a longer prison term. However, a clean record or a showing of efforts at rehabilitation may help you and lead to a reduced sentence.
  • Mitigating factors — Judges look at factors that reduce your culpability for your sentence. This includes acting under duress or showing remorse. You likely have your sentence reduced if you are committed to rehabilitation or take responsibility for your actions.
  • Aggravating factors — However, the judge could add to the length of the sentence if the crime was particularly harmful and relied on actions that were especially harmful, like:
  1. Actions involving the use of especially dangerous drugs or
  2. Actions that were especially brutal or
  3. calculated in the manner in which they were committed

The existence of aggravating factors tends to indicate a higher level of intent or risk.

Find a Criminal Defense Attorney Near Me

It is a serious offense and a felony to administer drugs to commit a felony. This can result in lengthy prison terms, hefty fines, and a life-changing criminal record. If you are charged with this crime, you must get legal help immediately. An experienced criminal defense attorney can help you understand the charges against you and guide you through your options. They will help you build a strong defense and challenge the prosecution's case. You will have the best chance of securing a favorable outcome with their expertise.

At Los Angeles Criminal Attorney, we are ready to help. Talk to us today. Call 424-333-0943 for a free case evaluation.