California Penal Code 245(a)(4): Assault by Means Likely to Produce Great Bodily Injury (PC 245(a)(4))

Definition and Aspects of Assault by Means Likely to Produce Great Bodily Injury:

California Penal Code 245(a)(4) (PC 245(a)(4)) is a misdemeanor or a potentially felony-level offense punishable with expensive court fines and time served in prison. This statute alleges that the Defendant assaulted someone and did so by employing means which would likely result in great bodily injury.

To establish Assault by means likely to produce great bodily injury   in court, the Prosecution must prove:

1. The Defendant committed an act that was likely to result in the use of force against someone
2. The Defendant acted willfully
3. A reasonable person would believe the act would directly and probably result in the application of force
4. The force was likely to cause great bodily injury
5. The Defendant had the present ability to use force at the time of the incident

Present ability refers to the Defendant’s capability at the time of the incident to commit the action. For example, if the Defendant pointed a colorful toy-gun at someone, the crime would not fall into this statute since the Defendant did not have the present ability to shoot the victim. However, if the toy gun was realistic and a reasonable person would believe that it was real, the Defendant could be charged with a felony for the Assault.

Additionally, great bodily injury does not necessarily refer to long-term consequences suffered as a result of the action. A broken nose, severe black eye, or even bruises that remain visible for a couple of weeks fall under Assault by means likely to produce great bodily injury (PC 245(a)(4)).

Examples of great bodily harm under (PC 245(a)(4)) include:

• Severe black eye
• Bruises that stay visible for weeks
• Contusions and severe swelling
• Broken bones
• Second-degree burns
• Bloody injuries
• Strangulation
• Knife wounds severe enough to cause heavy loss of blood or permanent scarring
• Concussion
• Permanent disfigurement
• Internal organ damage

Any injury reasonably requiring medical attention falls under the category of great bodily injury, violating California Penal Code 245(a)(4) (PC 245(a)(4)).

Examples of Assault by Means Likely to Produce Great Bodily Injury:

A man gets into an argument with his brother. In the heat of the moment, he reaches out to grab the brother by the neck, proceeding to shake him until the brother goes unconscious. Under California Penal Code 245(a)(4) (PC 245(a)(4)), this constitutes a violation of the statute, and the man could be charged.

In another example, a woman and her husband are fighting in the kitchen. The woman picks up a knife and stabs her husband, causing great bodily injury. She could be charged with PC 245(a)(4). However, if she picked up one of the kids’ colorful plastic toy knife and committed the same act, a defense attorney could argue that it wouldn’t fall under this statute, as she lacked the present ability to cause great bodily harm.

Criminal Offenses Related to Assault by Means Likely to Produce Great Bodily Injury:

Offenses related or similar to Assault by means likely to produce great bodily injury PC 245(a)(4):

1. Battery with serious bodily injury – California Penal Code 243(d) (PC 243(d))
2. Assault with caustic chemicals – California Penal Code 244 (PC 244)
3. Assault with a deadly weapon – California Penal Code 245(a)(1) (PC 245(a)(1))
4. Assault with a firearm – California Penal Code 245(a)(2) (PC 245(a)(2))

Defenses to Assault by Means Likely to Produce Great Bodily Injury:

One of the most commonly used defenses to PC 245(a)(4) is self-defense. If the Defendant believed that he/she was in imminent danger of physical harm and committed the act resulting in bodily injury as self-defense, the case could be dismissed.

Another defense argues the injury. If the harm inflicted was not significant or substantial, a Judge could lessen the crime to a less serious offense since it would not fall under Assault by means likely to produce great bodily injury PC 245(a)(4).

Lastly, a good defense attorney could argue the lack of intent. If the Defendant did not mean to inflict harm on another, or the injury was a result of an accident, the case could be dismissed, as willful action is required to be charged with California Penal Code 245(a)(4) (PC 245(a)(4)).

Consequences and Penalty for Assault by Means Likely to Produce Great Bodily Injury:

(PC 245(a)(4)) is a ‘wobbler’ offense, meaning it could be charged as either a misdemeanor or a felony depending on the details of the crime.

If the victim did not suffer great bodily harm, the Defendant would often be charged with a misdemeanor. This sentence could result in fines up to $1,000 and up to one year in county jail. As a misdemeanor, the Defendant would not get a ‘strike’ on their record.

However, if the victim suffered great bodily injury, (PC 245(a)(4)) is charged as a felony. This is punishable with up to $10,000 in fines and a prison sentence up to four years, as well as a ‘strike’ on the Defendant’s record under California’s Three Strike Law.

Assault by Means Likely to Produce Great Bodily Injury (PC 245(a)(4)) is a misdemeanor or a potential felony-level offense that can result in long-lasting consequences, including time served in prison and expensive court fines. It is imperative that if you are being charged with (PC 245(a)(4)), you contact an experienced attorney as soon as possible.