California Penal Code 245(a)(4): Assault Likely to Cause Great Bodily Injury

What is Penal Code 245(a)(4) in California?

Under PENAL CODE 245(a)(4), an assault with force likely to cause great bodily injury is defined as an act in which a person inflicts significant force on another person. The force must be of a substantial degree that would have resulted in serious physical harm. This is quite different from a simple assault that involves a higher probability of serious bodily injury.

The phrase great bodily injury basically means severe or serious physical injury, not a slight or moderate one. For instance, the kinds of injuries that can be classified under this include broken bones, disfigurement, and permanent disabilities. Even actions such as pushing a person against a wall or hitting them with an object would be if the force applied could have led to severe injury.

Key Elements of the Offense

To convict a person under PENAL CODE 245(a)(4), the prosecution must prove certain elements:

  • Intent: This means the perpetrator intended to accomplish that act that would probably lead to the use of force.
  • Likelihood of Injury: The force applied was likely to cause great bodily injury.
  • No Consent: The act was carried out without the victim’s consent.
  • Present Ability to Cause Harm: The accused had the ability to inflict harm at the time of the alleged incident.

Penalties for Violating Penal Code 245(a)(4)

1. Criminal Penalties

Violating PENAL CODE 245(a)(4) is considered a “wobbler offense” in California, which means that it can be charged as either a felony or a misdemeanor depending on the specifics of the case and the defendant’s criminal history.

  • Misdemeanor Conviction: This can lead to up to 1 year in county jail and a fine of up to $10,000.
  • Felony Conviction: This may result in 2 to 4 years in state prison, and the severity of the sentence will often depend on factors such as whether the victim was hurt and the circumstances surrounding the assault.

2. Aggravating Circumstances and Enhanced Sentences

Certain factors can lead to harsher penalties under PENAL CODE 245(a)(4). Examples include:

  • If the assault was committed in connection with gang activity.
  • If the victim was a vulnerable person, like a child or an elderly.
  • If the weapon was involved in the assault, even though it was not the main source of injury.

3. Collateral Consequences

A conviction under PENAL CODE 245(a)(4) carries more than just criminal penalties. You may face:

  • Loss of Employment Opportunities: Most employers would not give a chance to an employee with a violent crime on his/her record.
  • Immigration Issues: For non-citizens, a conviction can lead to deportation or other immigration-related problems.
  • Loss of Gun Rights: It causes loss of the right to bear arms or own firearms when one is convicted.
  • Social Stigma: It has a great effect on one’s personal life and social status since it has a criminal record.

Legal Defenses Against Penal Code 245(a)(4) Charges

1. Lack of Intent to Cause Harm

One of the most effective defenses is proving that you didn’t intend to cause harm. If your actions were accidental or misunderstood, this could undermine the prosecution’s case.

2. Self-Defense or Defense of Others

California law allows individuals to protect themselves or others if they reasonably believe they are in imminent danger. To use this defense, you must show that:

  • The force used was proportional to the threat.
  • You acted in response to an immediate threat.

3. Insufficient Evidence

If the prosecution cannot produce sufficient evidence to meet the burden of proof, your case may be dismissed. An experienced attorney will scrutinize the evidence for inconsistencies, unreliable witness testimony, or procedural errors.

Steps to Take If You Are Accused of Assault with Force Likely to Cause Great Bodily Injury

1. Contact an Experienced Criminal Defense Attorney

Your first and most critical step is to contact a Los Angeles criminal defense lawyer. They will:

  • Evaluate your case.
  • Develop a strategic defense tailored to your situation.
  • Represent you in court to protect your rights.

2. Gather Evidence and Witness Testimony

Collect any evidence that can support your defense. This might include:

  • Video footage or photographs from the scene.
  • Medical records show the absence of injuries.
  • Witness statements that challenge the prosecution’s version of events.

3. Avoid Discussing the Case with Anyone

Avoid speaking about your case with anyone except your attorney. Comments made to friends, family, or on social media can be used against you in court. Keep all details confidential and follow your lawyer’s guidance.

How DCD LAW Can Help Defend Your Case

Expertise in Assault Cases Under Penal Code 245(a)(4)

Criminal defense is our specialization at DCD LAW, such as cases like PENAL CODE 245(a)(4). We know well the assault law in California. We know just where to stop the prosecution, the weaknesses in their case, and exactly how to structure the defense for you.

Tailored Defense Strategies for Your Case

At DCD LAW, we develop personalized strategies that focus on the unique details of your case. Whether it’s questioning the credibility of witnesses or challenging the evidence, we leave no stone unturned.

We are ready to help you!

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Firm’s Presentation

Frequently Asked Questions About Penal Code 245(a)(4)

What is Considered “Force Likely to Cause Great Bodily Injury”?

“Force likely to cause great bodily injury” refers to any action that could reasonably result in severe harm. This doesn’t necessarily mean the victim sustained injuries. Examples include punching someone hard enough to break bones, using an object as a weapon, or violently shoving someone onto a hard surface.

Can I Be Charged Even if No Injuries Occurred?

Yes, you can still face charges under PENAL CODE 245(a)(4) even if no injuries occurred. The law focuses on the likelihood of causing great bodily injury rather than the actual outcome. For example, swinging a heavy object at someone but missing can still result in charges because of the potential for harm.

What Are My Chances of Reducing the Charges or Penalties?

Your chances depend upon the specifics of your case strength of the evidence and your strategy for defense, among other variables. An accomplished Los Angeles criminal defense lawyer can make it better for you. Plea bargains may be available by negotiating lesser charges or having it dismissed outright as a possibility of the right defense attorney.