Home » Criminal Defense » Violent Crimes » California PENAL CODE 245(a)(4): Assault Likely to Cause Great Bodily Injury
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.
To convict a person under PENAL CODE 245(a)(4), the prosecution must prove certain elements:
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.
Certain factors can lead to harsher penalties under PENAL CODE 245(a)(4). Examples include:
A conviction under PENAL CODE 245(a)(4) carries more than just criminal penalties. You may face:
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.
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:
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.
Your first and most critical step is to contact a Los Angeles criminal defense lawyer. They will:
Collect any evidence that can support your defense. This might include:
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.
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.
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.
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“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.
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.
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.