Penal Code 245(a)(4) covers a charge of assault by means likely to produce great bodily injury in the state of California. Assault is the attempt to use force on someone else, and great bodily injury (GBI) is a category of injury, but not all assaults result in a GBI.
If you’re fighting a 245(a)(4) PC charge, it’s important to contact an attorney as soon as possible. A Burbank criminal defense lawyer can inform you of potential legal defenses that might be available to you, and you can learn about ways to fight your charges.
Understanding Assault by Means Likely to Produce Great Bodily Injury
Assault is a criminal act in California, and there are several kinds of assault, including these:
- Assault with caustic chemicals
- Assault with a deadly weapon
- Assault with a firearm
Penal Code 240 covers the basic charge for assault. According to PC 240, assault involves attempting to touch someone else in a harmful or offensive way. Assault does not necessarily involve causing harm to another person.
Assault charges apply if someone tries to use force on someone else voluntarily. PC 245(a)(4) charges only apply in specific cases involving assault. Prosecutors use this charge when someone attempts to cause a GBI.
What Constitutes Great Bodily Injuries in California?
PC 245(a)(4) charges only apply if someone attempts to cause someone else a GBI. The court considers GBIs to be “significant” or “substantial” injuries. There is no set list of GBIs used in the state of California.
The determination of whether an assault could cause a GBI varies from case to case. However, here are a few examples of GBIs:
- Broken bones
- Gunshot wounds
- Stabbings
Outcomes of a Conviction for a PC 245(a)(4) Conviction
Assault by means likely to produce great bodily injury is a serious charge. For a PC 245(a)(4) charge, individuals may face misdemeanor or felony charges. The prosecution will decide whether to charge the offense as a misdemeanor or not.
They will likely consider the following factors when making a decision:
- The facts of the crime
- Your past criminal history
Both a misdemeanor and a felony conviction can result in fines up to $10,000. However, these charges carry different levels of incarceration.
Do you need to hire a criminal defense lawyer if charged with a misdemeanor? A misdemeanor conviction may result in jail time of up to one year, so it’s a good idea to have a lawyer by your side to minimize the consequences you face.
How Can a Felony Affect Your Future?
The prison system in California is generally considered harsher than the jail system. Prisons are often further away from an individual’s home. Additionally, a felony conviction means an individual is considered a felon by the state of California.
Felons may face restrictions in these three ways:
- Where they are allowed to live
- Where they can be employed
- The ability to own or purchase firearms
Therefore, felony convictions are considered more serious than misdemeanor charges. When you hire an attorney, your lawyer can help you understand how to fight an assault and battery charge in California, among other forms of legal advice.
Defenses for Assault by Means Likely to Produce Great Bodily Harm
A number of defenses may work when it comes to facing a PC 245(a)(4) charge. Depending on your situation, your criminal defense lawyer could argue the following statements on your behalf.
You Did Not Commit Assault
You should only face a PC 245(a)(1) conviction if an assault actually occurred. If you did not attempt to use force on another person, let your lawyer know so that this defense strategy might become available to you.
You Did Not Take Action to Cause a GBI
PC 245(a)(1) charges only apply if someone attempts to cause another person a GBI. If you did not act in a way that would cause significant injury to another person, you could avoid a conviction. You can discuss this option with your lawyer.
You Were Falsely Accused
In some cases, individuals make false claims regarding an assault. You could be accused of acting aggressively or dangerously, but your lawyer can help you gather evidence to disprove these false claims.
Contact a Criminal Defense Attorney if You’re Facing Penal Code 245(a)(4) PC Charges
Charges under Penal Code 245(a)(4) PC—which involve assault likely to produce great bodily injury—are serious legal matters that can have life-changing consequences. Depending on the severity of the incident, convictions may result in fines, probation, or prison.
That’s why it’s important to act quickly to protect your rights and give your legal team ample time to build a strong defense on your behalf. An experienced criminal defense attorney can assess the details of your case and identify potential defenses, such as self-defense or lack of intent.
Don’t let a criminal charge define your future. Reach out to Simmrin Law Group as soon as possible. During our initial consultation, we can tell you more about us, how we can fight to uphold your rights, and ways we can pursue the best possible outcome for your case. We’re here to help.