ASSAULT WITH FORCE LIKELY TO PRODUCE GREAT BODILY INJURY (GBI)
Assault is usually charged as a violation of penal code 245(a)(4), which is Assault with Force Likely to Produce Great Bodily Injury (GBI). This offense is NOT a strike.
In order for a person to be guilty of PC 245(a)(4), the prosecution has to prove that all of the following things happened:
-the person assaulted the victim
-the assault was committed in a way that was likely to result in great bodily injury to the victim
-the act was not in self-defense
What Qualifies as Great Bodily Injury?
Great bodily injury tends to refer to more serious physical injuries, such as gun shot wounds, broken bones, concussions, and injuries that could be life-threatening.
Strategies to Fight Against a Charge of PC 245(a)(4)
Self-Defense: The most common defense against this type of charge is that the defendant acted in self-defense. If the defendant acted in self-defense and the great bodily injury was not intentional, then the defendant is not guilty of PC 245(a)(4).
The Defendant’s Act Was Not Likely To Cause “Great Bodily Injury (GBI)”: If the defendant’s actions were mild, as in the defendant simply bumped into the alleged victim, or just nudged the alleged victim, then the act was not likely to produce great bodily injury.
The Defendant’s Actions Were Not Intentional: If the defendant’s actions were not intentional, then the defendant is not guilty of PC 245(a)(4). For instance, the defendant was actually trying to do something else and not actually trying to assault the alleged victim. This would mean that there was no assault because it was not intentional.
Punishment For A Charge of PC 245(a)(4)
The defendant can receive as little as no jail time (which should always be the goal, or even a dismissal), but for serious cases, the defendant can be sentenced to state prison. If the defendant is sentenced to state prison, he or she can receive 2, 3, or 4 years of state prison time.
Speak to a Criminal Law About Your PC 245(a)(4) Case
If you or a loved one has been charged with PC 245(a)(4), Assault with Force Likely to Produce Great Bodily Injury, call the Nghi Lam Law Firm and speak directly to a criminal lawyer about your case. We take pride in caring for our clients, and we believe that is what makes us a great law firm. We fight criminal cases very aggressively, and we serve Orange County, Los Angeles County, San Bernardino County, and Riverside County. Call us at 213-235-7969 and we would be more than happy to advise.
