California law defines the term assault as follows: an attempt to cause violent injury to someone. We can deduce from the definition that the victim does not need to get severe injuries for criminal liability to exist, thus. Significant harm is not a requirement for the crime to exist.
California law distinguishes between different types of assaults, which have their specific elements of the crime. For instance, there are separate sections for assault with a firearm, assault with caustic chemicals, etc.
Further, we will examine one assault by means likely to produce great bodily injury.
Penal Code 245 (a) (4) PC – Assault by Means Likely to Produce Great Bodily Injury
Under Penal Code Section 245 (a) (4), assault is defined as using force likely to produce great bodily injury to the victim. This section covers situations where an individual intentionally attempts to cause significant harm to someone else using force, and the potential for injury is severe.
As stated, this type of assault does not require actual injury to occur. Even if the victim is not injured or the injury occurs accidentally, charges can still be brought against the defendant. In other words, an assault charge under this section can be made if there is an attempt to cause harm through violent force, even if no physical injury is inflicted.
Assault by Means Likely to Produce Great Bodily Injury: Key Elements
To better understand Penal Code 245 (a) (4), we need to break down its essential components. The primary elements that define this assault charge include:
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A Willful and Malicious Act: The defendant must act intentionally and with malice, meaning they had a deliberate intent to harm the victim.
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Use of Force: The defendant must have used physical force against the victim.
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Likely to Cause Violent Injury: The force used in the assault must have the potential to cause significant harm, or great bodily injury, to the victim.
This section focuses on the potential for severe injury rather than the injury itself, making it different from other assault charges that may not involve the same degree of harm.
Definition of Great Bodily Injury
A crucial element that distinguishes this form of assault from others is the concept of “great bodily injury” (GBI). Great bodily injury refers to substantial or significant harm that severely impacts the victim’s physical well-being. This can include:
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Broken Bones: A fracture caused by forceful impact can qualify as a GBI.
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Gunshot wounds that cause significant damage qualify as a GBI.
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Nervous System Damage: Injuries that affect the victim’s nervous system and cause long-term consequences.
The court will evaluate whether the injury qualifies as “great” based on various factors, including the severity of pain, the necessity for immediate medical care, and the long-term impact on the victim’s life. Minor or moderate injuries that do not result in major physical harm will not meet the threshold for great bodily injury.
It’s important to note that financial losses or emotional trauma do not qualify as great bodily injury under the law, as the term specifically refers to physical harm.
Penalties for violation of this section
Assault by means likely to produce great bodily injury can include both as felony and misdemeanor under California Law. Depending on the facts of the case, the classification and sanctions may differ. The accused’s criminal background, as well as the consequences of his or her actions.
In the event that the actions are classified as a misdemeanor. The maximum penalty may be up to one year in county jail or a fine of not more than $10,000. If the crime is a felony, the penalties may include imprisonment in state prison for two, three, or four years.
Possible legal defenses
An essential element for this type of assault is that the actions are likely to cause great bodily injury. Thus, the accused can prove that the possibility of great bodily injuries occurring was little. For example, if one threw an item at a victim who had little weight, the person couldn’t sustain injuries from this action.
Another way to defend against the penalties is by proving that the actions were conducted in self-defense. In this case, the act was willful, but there was no intent to cause great bodily injury to anyone.
Glendale Personal Injury Lawyer
These are possibilities in theory that can help with your defense, however, it is essential to have a professional lawyer to assist you and try to mitigate the penalties. If you have any questions, contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.