Violent Crimes

Assault With Force Likely To Produce Great Bodily Injury PC 245(a)(4) (Penal Code 245(a)(4))

Crime: Assault With Force Likely To Produce Great Bodily Injury

Code Section: Penal Code 245(a)(4) (click here to view the statute)

Related CALCRIM: 875

PC 245(a)(4) Brief Summary:

Penal Code 245(a)(4) is an extremely common charge. In domestic violence cases, Penal Code 245(a)(4) is frequently charged when the prosecutor feels that the charge can be proven because in the context of domestic violence cases, a conviction for Penal Code 245(a)(4) can increase your exposure and be used against you in the future. Penal Code 245(a)(4) applies when a person uses an application of force that is likely to result in great bodily injury to someone. The law defines an “application of force” as a harmful or offensive touching. “Great bodily injury” is defined as significant or substantial injury. The government can obtain a conviction for Penal Code 245(a)(4) even in cases where a person was not actually touched or harmed in any way. For example, a person can be convicted of Penal Code 235(a)(4) if they swing a closed fist at someone else’s head, regardless of whether they actually hit the person. Penal Code 245(a)(4) can be charged as either a felony or as a misdemeanor depending on the facts of the case and the defendant’s criminal history.

PC 245(a)(4) Elements:

To prove someone guilty of this crime, the government must prove:

1. The defendant willfully did an act that would likely result in an application of force that would likely cause great bodily injury;
2. The defendant knew the act would likely result in an application of force to someone;
3. The defendant had the present ability to apply force likely to produce great bodily injury;
4. The defendant did not act in self-defense.

PC 245(a)(4) Punishment:

The punishment for a felony violation of Penal Code 245(a)(4) is two, three, or four years in state prison. On the other hand, the maximum exposure as a misdemeanor is up to a year in county jail. In cases where a person has not been sentenced to prison, probation can be granted for this offense. A mandatory 52-week batterer’s treatment program is required if probation is granted and the crime was related to domestic violence. Other fines, fees, and possible probation terms could be applied. Penal Code 245(a)(4) is a priorable offense when the conviction is related to domestic violence. This means that prior domestic violence related convictions of PC 245(a)(4) within the last seven years can be used against you in the future and could increase your potential maximum exposure.

PC 245(a)(4) Lesser Included Offenses:

A lesser included offense is one that contains all of the elements of the charged offense, but for which the consequences are less severe. Typically, a conviction for a lesser included offense only occurs when there is no conviction for the more serious offense. The following are lesser included offenses for Penal Code 245(a)(1):

• Penal Code 240-Simple Assault

PC 245(a)(4) Related Charges:

• Penal Code 240-Simple Assault
• Penal Code 242-Battery
• Penal Code 243(e)(1)-Domestic Battery
• Penal Code 245(a)(1)-Assault With A Deadly Weapon
• Penal Code 273.5(f)-Domestic Violence With A Prior
• Penal Code 422-Criminal Threat

Have You Or A Loved One Been Charged With a Crime?

If you or a loved one has been charged with a crime, it is important to make sure that your rights (or those of your loved-one) are protected. Any criminal conviction can have a severe and far-reaching impact on a person’s future. Criminal convictions can result in expensive fines, orders to pay restitution to an alleged victim, restrictive probation terms, court-ordered classes, and can result in significant time behind bars. In short, a criminal conviction can have devastating and life-long consequences that impact and jeopardize every aspect of a person’s life from future job prospects, to family-life, to a person’s very freedom.

Criminal defense attorney and former Riverside County prosecutor Gregory Rollins uses his unique experience and expertise to defend the rights of the accused and provide meaningful legal advice to his clients. Every client is unique. Each client has different needs. No two cases are exactly the same. Attorney Rollins understands these things and is committed to seeking an outcome in each case that takes into account all of these factors. For every case, Attorney Rollins develops a unique legal strategy that incorporates the needs of the client with the best possible legal defenses to the crimes charges to secure the best possible outcome for every client in every case.

Contact Criminal Defense Attorney Gregory Rollins today for a free consultation.