California PC 245(a) (4) criminalizes the act of assault and assault that is carried out in a manner likely to produce great bodily injury. Assault is an unlawful attempt to inflict violence or injury on another person. It is important to understand that you can be arrested for this crime even when the alleged victim did not suffer injury from your actions. Violation of PC 245(a) (4) is a serious offense resulting in lengthy jail or prison time after a conviction.

Additionally, a conviction for this offense as a felony will leave behind a criminal record that could affect your life long after you have served your prison sentence. Understanding the nature of the crime and potential penalties will help you build a strong defense to fight the charges. The circumstances surrounding the crime of assault by means likely to produce great bodily injury are complicated. Therefore, you will require the guidance of a skilled lawyer to investigate the specific facts of your case and fight to ensure the best possible outcome.

Overview of Assault by Means Likely to Produce Great Bodily Injury

Assaulting a person in a manner likely to produce serious bodily injury attracts arrest and criminal charges under California PC 245(a) (4). Under this statute, assault is any action that could result in the application of force against another person. Compared to simple assault, assault by means likely to cause serious bodily injury is a serious offense that attracts life-changing consequences.

Before you face a conviction for this crime, the prosecutor must prove the following elements of the crime:

You engaged in a Wilful Act that is Likely to Result in the Use of Force

The first element that a prosecutor must prove to obtain a conviction under this statute is that you assaulted another person. In California, assault is the willful application of force or attempt to commit a violent injury to another person. Therefore, it should be clear that your intentional acts applied force.

You were aware of the Fact that a Reasonable Could View your Actions as a Direct Application of Force.

You could not be charged with assault by means likely to produce GBI unless you know that your actions could result in a direct application of force against the alleged victim. Additionally, it is important to understand that a victim does not have proof of injury for you to be convicted of this crime. PC 245(a) (4) criminalizes the attempt to cause injuries, not necessarily the actual injury.

The Force you use was Likely to Cause Great Bodily Injury.

To establish a conviction under this statute, the prosecution must prove that the amount of force you used on the victim resulted in great bodily injury. Great bodily injury is any substantial injury. However, the injury does not need to cause impairment or permanent disability. Some of the forms of great bodily injury include:

  • A serious black eye that leaves a victim with a bruise for several weeks
  • Gunshot wounds
  • Second or third-degree burns
  • A knife wound that is severe or causes substantial blood loss
  • Strangulation where the victim passes out
  • Broken bones
  • Severe swelling and contusions
  • Concussions
  • Permanent disfigurement
  • Damage to the internal organs

When the prosecutor seeks to prove that you use a force likely to result in great bodily injury, they do not need to show actual injury but the force applied at the moment. For example, douching a person with gasoline could result in criminal charges even when you did not set them on fire. The fact that the event could have resulted in serious injury is enough to convict you under this statute.

It is important to understand that an actual injury and the specific type of injury is not an element of the crime. It would be best if you did not confuse great bodily injury with serious bodily injury associated with criminal battery charges.

You Had a Present Ability to Apply the Force

You are only guilty under PC 245(a) (4) if you had a present ability to apply extensive force on the victim. If you acted in a manner that lacked the necessary force to cause significant injury to the alleged victim, then you did not have a present ability to cause great bodily injury to the victim. A simple assault need not have resulted in bodily injury. However, the mere chance that the victim could have suffered great bodily injury will aggravate your assault charges.

Sentencing and Punishment for California Penal Code 245(a) (4) Charges

Assault by means likely to cause great bodily injury is a California wobbler. The prosecutor can charge you with a felony or a misdemeanor. Some of the factors that the prosecution will consider when determining how to charge your crime include:

  • Your Criminal History. The prosecution will look into your criminal history when you face serious charges like assault likely to cause great bodily injury. If you have a prior conviction for this offense or other violent offenses, the prosecutor could charge you with a felony. On the other hand, a first-time offender facing charges for this offense has a higher likelihood of being charged with a misdemeanor which attracts lesser penalties.
  • The extent of injuries on the victim. The nature of your charges and sentencing for assault likely to produce great bodily injury will depend on the severity of injury on the victim. While a conviction for this offense does not require proof of injuries, there are many instances where victims suffer serious injuries. If the victim of your crime is significantly injured, you are likely to be charged with a felony violation of California PC 245(a) (4).
  • Use of a firearm. If you use a firearm to inflict great bodily injury on another person during an assault, the prosecutor will charge you with a felony violation.
  • Vulnerability of the victim. During investigations for the crime, the police and prosecution will look into the victims of your crime. If it is determined that the victim was a vulnerable person, such as an elder, a child, or a disabled person, you will likely face felony charges.

When charged as a misdemeanor, the offense attracts the following penalties;

  • Imprisonment in county jail for up to one year
  • Fines not exceeding $10,000

On the other hand, a felony conviction resulting from this crime is punishable by a prison sentence of two to four years and a $10,000 fine. In addition to the jail time and fines, a felony conviction under this statute may result in the following long-lasting consequences:

  • Negative immigration consequences. Assault by means likely to produce great bodily injury could be a serious felony. If you are an immigrant, a conviction for this offense could result in deportation or being rendered inadmissible in the United States.
  • Difficulty obtaining a job. A felony conviction under this statute will remain on your criminal record. During their background checks, a potential employer can discover the conviction and use it as a basis for denying you a job opportunity.
  • Challenges when applying for a professional license. You will undergo thorough scrutiny when you want to acquire a license to practice as a nurse, doctor, pharmacist, or dentist in California. A felony conviction could result in denial, suspension, or revocation of your license.
  • You cannot serve on a jury. A convicted felon cannot serve on a jury unless their civil rights are restored. You can restore your right by seeking the governor’s pardon or applying for a certificate of rehabilitation.

Loss of Gun Rights after a Felony Conviction under California PC 245(a) (4)

A conviction for a felony under this statute will result in a lifetime firearm ban. This means that you cannot legally purchase, own or use a firearm in California. The firearm ban that accompanies the crime of assault in a manner likely to produce great bodily injury applies to both adults and juvenile offenders. It is important to understand that seeking an expungement cannot restore your gun rights.

The only way to restore your gun rights is by filing a petition with the court to seek a reduction of your charges. If your Penal Code 245(a) (1) charges involve using a dangerous weapon, you will not be eligible to restore your gun rights. Whether or not you can restore your gun rights depends on the nature of your charges. Individuals facing a conviction for a wobbler like assault by means likely to produce great bodily injury, you can restore your gun rights by:

  • Filing a petition to reduce your felony into a misdemeanor. Misdemeanor offenses do not attract a firearm ban.
  • Seek a governor’s pardon

Unlike in movies, many criminal charges do not go through a trial. Sometimes, charges for assault by means likely to produce bodily injury are resolved in a plea deal for a lesser offense like simple assault. However, you will require the guidance of an attorney to help convince the prosecutor to accept the deal.

A common scenario where a plea deal could work for a GBI assault charge is when the charges result from domestic altercations or a drunken fight. In such a case, the prosecutor could offer you the following instead of jail time:

  • Mandatory attendance to the Alcohol Anonymous program
  • Payment of court fines and other penalty assessments
  • Victim restitution
  • Enrollment in anger management classes 

PC 245(a) (4) and California Three Strikes Law

Under California PC 667, the three strikes law is a sentencing scheme where a criminal defendant receives a prison sentence of twenty-five years to life after a conviction for three violent felonies. If you face charges for assault by a means likely to produce great bodily injury and have one or more felony convictions on your record, your sentence will be enhanced. In California, both two and three strikes could result in a lengthy prison sentence.

Although assault by means that could produce great bodily injury is a wobbler, the offense becomes a strike when charged as a felony. This means that subsequent felony convictions will have an enhanced penalty. If you face charges under this statute, seeking legal guidance is a way to ensure that you have done your best to defend against the charges. 

In addition to helping you build a strong defense to the charges, your attorney can guide you through the process of seeking the reduction of your felony to a misdemeanor. If you have a strike in your record and your PC 245(a) (4) is charged as a misdemeanor, you will not face a sentence enhancement under the three-strikes law.

Motion to Reduce PC 245(a) (4) from a Felony to a Misdemeanor

Assault by means likely to produce great bodily injury is one of the wobbler offenses. A wobbler can be charged with a felony or a misdemeanor at the court's discretion. Compared to a misdemeanor, a felony conviction attracts more serious legal penalties and long-lasting consequences on your life. 

By filing a Penal Code 17(b) motion, you have a chance to have your felony reduced to a misdemeanor. A motion to revive a felony to a misdemeanor could be filed at the end of the preliminary hearing or the sentencing. Not all defendants can have their PC 245(a) (4) charges reduced from a felony to a misdemeanor. The judge considers the following factors when deciding on a 17(b) motion:

  • The circumstances surrounding the offense
  • The specific facts of your case
  • Your criminal record and nature of the prior conviction
  • Your compliance and cooperation with probation conditions and terms

Being a convicted felon can make you ineligible for some professional licenses and negatively impact your immigration status. If you are serving probation or have completed your probation sentence, it would be wise to file a petition to have the felony reduced. Some of the benefits you accrue from a successful 17(b) motion include:

  • Having your felony conviction reduced to a misdemeanor could help you restore your gun rights. 
  • You regain a right to serve on the jury or act as a witness in criminal court when the judge accepts your motion.
  • Obtaining a professional license is easier when you have a misdemeanor conviction instead of a felony.
  • When your felony is reduced to a misdemeanor, you can truthfully answer no when a potential employer asks about prior felony convictions.

Defenses to Charges for Assault by Means Likely to Produce Great Bodily Injury

Since all elements of the crime must be proven beyond a reasonable doubt before you face a conviction for assault by means likely to cause great bodily injury, it is not impossible to fight the charges and escape a conviction. With the help of a skilled lawyer, you can build a solid defense around the following agreements:

Self-Defense

Face charges for GBI assault after a violent confrontation where you caused an injury to another person. You can avoid a conviction by arguing that you acted in self-defense. In California, no law prevents you from defending yourself from imminent danger. However, you must provide the necessary evidence to support your claims when presenting this defense. A claim of self-defense could be acceptable if:

  • You reasonably believed that you were in danger of serious injury or death
  • You had reason to believe that the use of force was necessary to protect yourself from danger
  • The amount of force you used was not more than necessary to protect yourself

False Accusations

Offenses involving assault are very complicated. Since proof of injury is not necessary, it is not uncommon to be a victim of false accusations. With the help of your lawyer, you can uncover the circumstances of the crime and prove that you were not involved in the crime.

Lack of Present Ability to Commit the Crime

One of the elements that the prosecution must prove in your case is that you possessed the present ability to inflict great bodily injury on the alleged victim. Therefore, you can argue that even though you engaged in an act likely to produce force, your conduct could not cause the level of injury required under this statute.

Injury was Insignificant

When you face charges for an assault that could cause great bodily injury, you can argue that the victim’s injury was insignificant. Although this may not be a complete defense to the charges, you can end up with a less severe sentence after a conviction.

Find a Skilled Criminal Defense Lawyer Near Me

You can face arrest and criminal charges under California PC 245(a) (4) if you assault another person in a likely way to produce great bodily injury or death. However, a victim does not need to suffer any form of injury for you to be charged under this statute. A conviction for assault likely to cause great bodily injury attracts serious legal consequences, including a lengthy prison sentence and fines. Fortunately, not all arrests under this statute will result in a conviction, and you can fight the charges to avoid a conviction or have your charges reduced.

Seeking the services of a skilled criminal attorney could make the difference between spending years behind bars and having your charges reduced or dropped. At Los Angeles Criminal Attorney, we understand the gravity of PC 2455(a) (4) charges and how a conviction could affect your life. Our group of top-notch attorneys works hard to build a strong defense for your case and avoid the harsh consequences accompanying a conviction. We serve clients seeking legal guidance and representation to battle criminal charges in Los Angeles, CA. Call us today at 424-333-0943 and allow us to guide you through these challenging times.