Assault with intent to commit a felony is a criminal charge that applies when someone commits an assault as a step toward carrying out a separate serious crime. The physical act and the criminal purpose have to line up in the same moment. Under federal law, the maximum sentence is 10 years in prison when the intended crime is a felony other than murder, and 20 years when it is murder.1Office of the Law Revision Counsel. 18 USC 113 – Assaults and Other Violent Crimes Within Special Maritime and Territorial Jurisdiction State penalties vary, but the structure is similar: the intended felony drives the punishment.
What the Prosecution Has to Prove
Two elements, both beyond a reasonable doubt.
The first is an assault. Nobody has to be struck or injured. An assault occurs when a person intentionally puts someone else in reasonable fear of immediate physical harm, which means a threatening gesture, a lunge, or a swing that misses can all qualify.2Ninth Circuit District & Bankruptcy Courts. 8.6 Assault With Intent to Commit Murder or Other Felony
The second is specific intent. At the moment of the assault, the defendant must have had a conscious goal of carrying out a particular felony. General anger won’t do it. Recklessness won’t do it. The defendant must have had a specific crime in mind, and whether that crime was ever completed doesn’t matter.
That intent requirement is what separates this charge from an ordinary assault. A punch thrown in a bar fight is a general-intent crime. The same punch, thrown to subdue someone before taking their wallet, becomes a vehicle for robbery, and the charge escalates.
Which Felonies Trigger the Charge
The intended crime has to qualify as a felony. Under federal law, that means an offense punishable by more than one year in prison.3Office of the Law Revision Counsel. 18 USC 3559 – Sentencing Classification of Offenses Most states use the same threshold.
The charge is usually written with the intended felony named: assault with intent to commit robbery, assault with intent to commit rape, assault with intent to commit murder. Common underlying felonies include robbery, murder, sexual assault, burglary, and kidnapping. The seriousness of that intended crime directly shapes the sentence. Federal law treats assault with intent to commit murder as its own, more serious tier, carrying up to 20 years, while assault with intent to commit most other felonies caps at 10.4United States Sentencing Commission. Amendment 311 Many state statutes work the same way.
How Intent Gets Proven
No one can read a defendant’s mind, so specific intent almost always comes down to circumstantial evidence. Prosecutors build a picture from the facts around the incident and ask the jury to draw the inference.
The pieces that typically go into that picture:
- Words and threats before, during, or after the assault. A statement like “give me everything you’ve got” points toward robbery.
- The nature of the attack itself. Using a weapon, targeting a vulnerable area, or restraining the victim can suggest a purpose beyond causing pain.
- Tools and preparation. Zip ties, burglary tools, a mask, or a getaway plan suggest the assault was a step in something larger.
- Context and behavior. Where the assault happened, whether the victim was specifically targeted, and what the defendant did immediately before and after.
No single fact has to be conclusive. The question for the jury is whether, taken together, the evidence leaves only one reasonable conclusion about what the defendant was trying to do.
How It Compares to Related Charges
Simple and Aggravated Assault
Simple assault is usually a misdemeanor involving a threat or minor contact without serious injury. Aggravated assault is a more serious form, elevated because a deadly weapon was used or because the victim suffered significant harm. Both focus on the assault itself. Assault with intent to commit a felony shifts the focus to purpose. A relatively minor physical act — a grab, a shove — can still support this charge if the prosecution shows the defendant was using it to carry out a robbery, kidnapping, or other felony.
Attempt Charges
An attempt charge punishes someone for taking a substantial step toward a crime they didn’t complete. Assault with intent to commit a felony is narrower: it requires a specific act of assault as the vehicle for the intended crime. The penalty gap can be large. Under federal law, attempted murder outside the assault context carries a maximum of three years, while assault with intent to commit murder carries up to 20.4United States Sentencing Commission. Amendment 311
Defenses That Work Against This Charge
Because the charge turns on specific intent, most defenses attack either the assault itself or the purpose behind it.
Challenging Intent
If the evidence is just as consistent with an assault driven by anger or fear as it is with a plan to commit robbery, murder, or another specific crime, the jury cannot convict on the enhanced charge. This often doesn’t produce a full acquittal. It can shift the conviction down to simple or aggravated assault.
Self-Defense
Self-defense is an affirmative defense: the defendant admits the physical act but argues it was justified. The standard generally requires an imminent threat, a proportional response, and a reaction a reasonable person would have had in the same situation. A person who starts the confrontation usually cannot claim it, unless they clearly withdrew and were attacked anyway. Self-defense cuts directly at the intent element, since a person protecting themselves isn’t acting with the purpose of committing a separate felony.
Voluntary Intoxication
In many jurisdictions, voluntary intoxication can negate specific intent if the defendant was so impaired that forming a plan to commit a particular felony was not possible. It doesn’t excuse the underlying assault, and it rarely produces an acquittal. The usual outcome is a reduction to a lesser charge. Some states limit the defense or have eliminated it entirely, so its availability depends on where the case is prosecuted.
Prison Time, Fines, and Restitution
A conviction is a felony-level sentence. The exact number depends on the jurisdiction, the seriousness of the assault, the specific felony the defendant intended, and the defendant’s record.
Federal law provides the baseline. Under 18 U.S.C. § 113, assault with intent to commit a felony other than murder or certain sexual offenses carries up to 10 years in prison plus a fine.1Office of the Law Revision Counsel. 18 USC 113 – Assaults and Other Violent Crimes Within Special Maritime and Territorial Jurisdiction Assault with intent to commit murder carries up to 20.4United States Sentencing Commission. Amendment 311 State ranges run from a few years for less serious intended felonies up to life imprisonment when the intended crime is murder, armed robbery, or a sexual offense tied to a burglary.
Restitution often comes on top of the sentence. Under federal law, when a crime of violence causes physical injury, the sentencing court must order the defendant to cover the victim’s medical expenses, rehabilitation costs, and lost income.5Office of the Law Revision Counsel. 18 USC 3663A – Mandatory Restitution to Victims of Certain Crimes Most states have comparable statutes. Restitution is separate from any fine and is owed regardless of ability to pay.
Life After the Sentence
The sentence is not where the consequences stop. Federal law prohibits anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts That ban is permanent unless a pardon or expungement lifts it.
A felony record also creates restrictions on voting, jury service, holding public office, employment, housing, public assistance, professional licensing, financial aid, and immigration status.7U.S. Commission on Civil Rights. Collateral Consequences: The Crossroads of Punishment, Redemption, and the Effects on Communities The specifics depend on the state. Voting rights, for instance, come back automatically in some states after release, while others wait until parole or probation is complete, and a few require a governor’s pardon. The practical effect of a conviction on this charge is that it reshapes a person’s options for years, often decades, after the sentence ends.