In California, the police arrest many people for violations of PC 245(a)(4). A conviction for the crime might significantly affect your future life. The crime occurs when you use force or a weapon likely to cause significant bodily injury or great bodily injury (GBI) to someone. The law in California considers force as offensive or harmful touching.

You may face conviction for a PC 245(a)(4) violation even in situations where you did not harm or touch the alleged victim. California law considers the crime a wobbler. Therefore the court charges it as either felony or misdemeanor based on your criminal record and the case's facts. However, you can fight the charges with the help of a well-trained criminal defense attorney. The attorney will develop a solid defense to ensure you challenge the prosecutor’s evidence.

What the Prosecution Team Must Prove

The prosecutor needs to prove the elements of the crime before you face conviction. If the prosecutor cannot prove all the elements of the crime, you will not face conviction. The elements are discussed as follows:

Your Action Involved the Use of Force Against the Victim

The use of force involves any harmful or offensive touch done aggressively or rudely. Even when the touching did not result in any injuries, you will face charges for ADW. It’s good you know the touching might be indirect or direct. Indirect touch may involve causing an object to touch the victim. The prosecutor will only need to prove that your actions would have attracted the use of force. For example, if you threw a metal rod but missed the target, this would be enough evidence to face conviction for PC 245(a)(4) violation.

You Inflicted Great Bodily Injury to the Alleged Victim

Generally, great bodily injury refers to significant bodily injuries. The injuries under this category are greater compared to minor harm. In California, assault with bare hands is an ADW. The prosecutor must show you aimed at causing significant bodily injuries to the alleged victim. For instance, you used a deadly weapon like a gun while committing the crime.

While Performing the Crime, You Used a Deadly Weapon

According to California law, a deadly weapon includes an instrument or an object that, when used, is likely to attract significant bodily injuries or even death. A dangerous weapon may consist of a knife or a gun. But the law also considers other tools not viewed as deadly weapons. The tools include a bottle, unloaded gun, car, baton, pencil, a roll of quarters, ring, screwdriver, and baseball bat. For the court to decide whether the tool in question is deadly, they must consider its nature, the type of injuries sustained, the location of the injuries, the degree of the injuries, and how the offender used the tool. It's good you note that the court will not consider using feet or hands as a deadly weapon.

You Willfully Committed the Act

Willful act means doing something on purpose or willingly. However, it doesn’t mean you intended to break the law or hurt someone. Under this case, the prosecutor will not consider your intent but your willful act to inflict the injuries. So, the prosecutor will have to prove you aimed at committing the act, which could result in significant bodily injuries. For example, you pursue someone else with a car in a way that an eyewitness believes you are attempting to hit the other person. Even if you did not intend to hit the other person, your act to pursue another person is likely to cause significant bodily injuries.

What is Great Bodily Injury in California?

The law is outlined under statute PC 12022.7. A great bodily injury involves a substantial physical injury or a significant injury. The injuries do not include financial losses or emotional scars. Although a great bodily injury includes a trauma like paralysis, a great injury doesn’t necessarily need to be severe or permanent. Great bodily injury means include:

  • A black eye.
  • A concussion.
  • Broken bones.
  • A jaw fracture.
  • Gunshot wounds.

The defendant should have personally carried out the act for the great bodily injury case to apply. To determine whether the case qualifies as an assault with means likely to cause great bodily injury, the jury or judge will consider the following:

  • Whether the sustained injuries required quick medical care.
  • The nature and severity of the sustained injuries.

What are the Penalties for Violating PC 245(a)(4)?

Violation of PC 245(a)(4) is a wobbler in California. Therefore the prosecutor can file the charge as either a misdemeanor or felony. So, the penalties will vary depending on whether the charge is a felony or misdemeanor. When the court charges you with a misdemeanor charge, you will face the following penalties:

  • You will pay a fine not exceeding $10,000.
  • You will remain behind bars in a county jail for 12 months.
  • When the prosecutor files a felony charge, you will face the following penalties.
  • You will remain behind bars in state prison for between 2,3 and 4 years.
  • You will pay a fine not exceeding $10,000.

When you face a wobbler offense in California, It’s essential to discuss the situation with your lawyer. Contrary to what you often see in movies, many criminal charges rarely proceed to a court trial. According to statistics, approximately 96% of charges end in plea bargains, saving your money and conserving your resources.

Although the criminal court judge may decide to reject your plea bargain, they cannot alter the terms and conditions of the agreement. Sometimes the prosecutor will try to charge you with multiple charges to ensure you have limited chances to obtain a plea bargain. Working closely with your criminal defense attorney will ensure you obtain a fair plea bargain and receive the best results from your case.

PC 17(B) Motion: Reducing a Felony Charge to Misdemeanor Charge

Under California laws, PC 245(a)(4) is a wobbler offense, meaning the prosecutor can file it as a felony or misdemeanor charge. A PC 17(b) motion allows the jury to reduce your felony charge to a misdemeanor charge. The court can conduct the motion at the sentencing, preliminary hearing, or after completing your felony probation. During this motion, the criminal court judge will consider the following factors:

  • The facts surrounding the case.
  • The circumstance and the nature of the case.
  • Your criminal record, current probation, and past crimes.
  • Your compliance and cooperation with the conditions of the probation.

When you face a felony charge conviction, the court will consider your burden as ineligible for a specific profession, license, owning and possessing a firearm, and finding a new job. If you have completed your probation program, it's possible to ask the criminal court to drop the felony charge to a misdemeanor charge if the judge did not sentence you to a California prison.

You might also apply for expungement under PC 1203.4, relieving you from the conviction. Also, you may be eligible to apply for expungement for a felony charge; however, reducing your felony cha4rge to a misdemeanor first and after expunging a misdemeanor is the best option. Remember to work closely with your criminal defense attorney to help you in the expungement process. Do not attempt to handle the legal matter alone. A slight mistake you make can worsen your situation.

The Legal Defenses for PC 245(a)(4)

The law in California inflicts severe penalties on actions that might cause harm or death to anyone. So, when you face a similar charge, you might find yourself confused about what to do next. That’s why it's recommended that you speak to an aggressive criminal defense attorney in California. To contest your charge for assault by means likely to produce great bodily injury, you can use several legal defenses like:

You Did Not Use Force or Weapon Likely to Result in Great Bodily Injury

The court will not find you guilty of the crime if you did not use force or a deadly weapon likely to produce great bodily injury while committing the crime. It is just a matter of interpretation to determine what counts as a weapon. For instance, a loaded gun is an example of a weapon. Also, the prosecutor may find it difficult to determine the force that is likely to result in great bodily injury. These are the areas your criminal defense attorney will focus on as he tries to fight the PC 245(a)(4) charge.

Self Defense

You can use self-defense as Another common defense for violating PC 245(a)(4). So, you may argue before the court that you were protecting yourself or another person. However, the defense is only valid where you believed you were in imminent danger of sustaining significant injuries. So, you may argue you believed you were only required to use force to escape the danger. Also, you should only have applied force that was necessary to defend against the imminent danger. For instance, you may use the defense in a situation where another person physically threatens you. Therefore, the criminal court judge will consider reducing the charge or dropping the case.

Intoxication or Unconsciousness

Intoxication or unconsciousness is applicable in cases where you could not form a mental state to engage in the crime. Unconsciousness may result from a medical condition, while intoxication might result from a foreign substance entering your body. So if this is what resulted in the crime, let your attorney know first. The attorney will investigate the case and let the court know you did not commit the crime willfully but due to intoxication or unconsciousness. The court will more likely reduce your case to a lesser charge.

False Accusation

The prosecutor may file a violation of PC 245(a)(4) even when no assault occurred. It’s easy and possible to accuse you falsely of committing the crime because of jealousy, revenge, or anger. Our attorneys have handled similar cases before and have deep knowledge of how to examine the background of your case. Do not wait until the statute of limitation expires. Speak to our attorneys as soon as possible, and they will help you. We will interview witnesses and gather sufficient evidence to let the court know the background of your case.

Your Act was Not Willful

There might be several reasons which caused the behavior resulting in the charge. Maybe your action was by accident, or the alleged victim misunderstood you. So, it would help if you let the prosecutor understand the circumstances which influenced your actions. Gather evidence to support your claim.

Other Related Offenses to PC 245(a)(4)

There are other crimes charged alongside pc 245(a). They include:

Assault With Deadly Weapon

You face charges for assault with a deadly weapon when you use a deadly weapon other than a firearm or force likely to result in great bodily injury. The crime doesn't require you to have physical contact with the alleged victim. Your intent to commit the crime using a deadly weapon is enough.

Elements Of Assault With Deadly Weapon

The elements the prosecutor must prove for you to face conviction include:

  • You Acted in a Manner That could Result in Application of Force Upon Another Person

Application of force includes any offensive touch you did rudely. You will face charges for assault with a deadly weapon even if the touching could not result in injury. The prosecutor only needs to prove that your actions would have resulted in the use of force. For example, you throw a screwdriver at someone, then miss hitting them. Here the crime is enough for you to face charges for assault with a deadly weapon since you knew your actions would result in great bodily injury to the victim.

  • Great Bodily Injury

Great bodily injury refers to a significant physical injury. If your actions resulted in a significant injury to the victim, you would face charges for assault with a deadly weapon.

  • Willingness To Commit The Act

The Prosecution must prove you intended to commit a crime that could substantially harm the victim.

Committing the crime attracts severe Penalties. When convicted of a Misdemeanor, the penalties for ADW include:

  • Imprisonment in county jail.
  • A fine up to $10000.
  • Anger management classes.
  • Probation up to three years.

Penalties for Felony Convictions include:

  • Imprisonment in state prison for up to four years.
  • Fine up to $10000.
  • Felony probation.
  • Victim restitution fees.

The legal defense you can use to defend yourself in court includes you did not use a deadly weapon or force which could result in bodily injury, lack of intent, false accusations, and you did so in self-defense.

Assault with a Firearm

Assault with a firearm refers to an unlawful attempt that presents the ability to commit an injury to someone.

The elements of Pc 245(a):

  • You acted willfully.
  • At the time of the crime, you could apply force with the firearm.
  • You acted with a firearm in a manner that could lead to the application of force on someone else.

The crime can either be a misdemeanor or a felony. Misdemeanor penalties include: 

  • Six years imprisonment in county jail.
  • Summary of probation.
  • Loss of gun rights.

Felony penalties include:

  • Formal probation.
  • Imprisonment in state prison for up to four years.
  • Criminal records.
  • Anger management classes.
  • Fine up to $10000.

Your attorney may use defenses to fight for your charges in court, including you did not act willfully, did not use a deadly weapon or force that could lead to injury, did so in self-defense, and false accusations.

Battery with Serious Bodily Injury

Battery refers to offensive touching or a slight unwanted touch. You could face charges for the crime if you touch another person without their consent. When the offensive touching leads to severe injury to the victim, the victim can file the crime of battery resulting in serious bodily injury.

What the Prosecutor Must Prove

The prosecutor must prove the following elements for you to face conviction for pc243(d):

  • You willfully used force against another person.
  • It was unlawful.
  • The victims suffered a significant injury.
  • It was not in self-defense or another person's defense.

Penalties for Violating PC243(d)

CPC 243(d) is a wobbler, meaning you can face charges for either felony or misdemeanor. When convicted of a Misdemeanor, you face one-year imprisonment in county jail and a fine of up to $1000.When convicted of a pc 243(d) felony, you face four years imprisonment in state prison and pay fines amounting to $10000.

The legal defense your attorney may use to fight against your charges includes that your acts did not result in the severe injury you did not willfully, and you were defending yourself or someone else.

Contact a Los Angeles Criminal Defense Attorney Near Me

When you face a charge for violating PC 245(a)(4), it’s imperative to protect your rights. As usual, any criminal conviction may have far-reaching impacts on your future life. For example, a criminal conviction for violating the PC comes with high fines, restitution fees, restrictive probation, and extensive jail terms, as discussed above. In short, the criminal conviction will cause devastating life-long consequences. Therefore it's recommended to hire a well-skilled and experienced attorney to help fight for your rights.

Our attorneys at Los Angeles Criminal Lawyer use their expertise and unique experience to offer legal advice and court representation. We understand that every case and client is unique. We develop a unique legal strategy to fight your charges. Therefore when the police arrest you do not hesitate to call us. Contact us right away at 310-502-1314 for a free case evaluation.