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Penal Code 245(a)(4) PC | Assault by Means Likely to Produce Great Bodily Injury

Penal Code 245(a)(4) PC | Assault by Means Likely to Produce Great Bodily Injury

Assault by means likely to produce great bodily injury – what a mouthful! This charge under California Penal Code 245(a)(4) basically means that someone assaulted or tried to assault someone else in a way that could have seriously hurt them, even if it didn’t actually end up injuring them. Let’s break it down into simpler terms:

  • It’s an assault, meaning an attempt to violently injure someone else. No actual harm has to happen for it to be considered assault.
  • It was done in a way likely to produce great bodily injury. This means the method of assault could reasonably cause major injury, even if it didn’t actually cause any harm.
  • The injury doesn’t actually have to happen – just the potential for serious injury based on the method of assault.

This charge is basically for assaults that are done in an extra aggressive or dangerous way. It’s meant for situations where someone didn’t just shove someone else, but tried to seriously hurt them by beating them, hitting them with an object, etc. The goal is to punish and deter violence that could reasonably lead to really serious injuries.

What Qualifies as Great Bodily Injury?

Okay, so what exactly counts as “great bodily injury” in the eyes of the law? There’s no specific list of qualifying injuries, but in general it means significant or substantial physical injury. Things like:

  • Broken bones
  • Bad bruising or cuts that need stitches
  • Injuries causing unconsciousness
  • Concussions
  • Internal organ injuries

Lesser injuries like minor cuts or bruises probably wouldn’t qualify. And the injury doesn’t need to actually happen – just the potential based on the method of assault.

Penalties and Punishment

Assault by means likely to produce great bodily injury is what’s known as a wobbler offense under California law. That means it can be charged as either a misdemeanor or a felony, depending on the circumstances. Factors like:

  • Injuries caused (if any)
  • Use of weapons
  • Prior criminal record

Will determine how it’s charged. Possible punishments include:

  • Misdemeanor: Up to 1 year in county jail, fines up to $1,000
  • Felony: 16 months – 4 years in state prison, fines up to $10,000

Even if initially charged as a felony, sometimes these cases can be reduced to misdemeanors through plea bargaining.

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Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
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Guerline Menard
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2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
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2024-03-15
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Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
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2024-03-12
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2024-02-28
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2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Legal Defenses

Some potential defenses to fight Penal Code 245(a)(4) charges include:

  • Self-defense – Use of force was legally justified to protect yourself
  • False accusations – You didn’t commit the assault at all
  • Misidentification – You were mistakenly identified as the assailant
  • No intent – It was an accident rather than intentional assault

An experienced criminal defense attorney can evaluate the details of your case and decide the best defense strategies to challenge the charges. Don’t hesitate to consult a lawyer if you or a loved one is facing PC 245(a)(4) charges.

Assault charges should always be taken seriously. Penal Code 245(a)(4) allegations indicate the prosecution believes the assault was particularly dangerous and aggressive. Skilled legal advocacy can be crucial to ensuring your rights are protected and avoiding the most severe potential penalties.

Related Offenses

There are other similar assault-related crimes under California law, including:

The potential penalties tend to be more severe for assault by means likely to produce great bodily injury compared to basic assault. But an experienced lawyer may be able to get charges reduced in appropriate cases.

 

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