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Felony Assault Likely to Cause GBI

Posted by Nafiz M. Ahmed | Jul 18, 2016 | 0 Comments

ASSAULT BY FORCE LIKELY TO PRODUCE GREAT BODILY INJURY

CALIFORNIA PENAL CODE SECTION 245(A)(4)

     In California, there are many different kinds of criminal assault.  There are assaults with specific types of weapons, i.e., semi-automatic firearms, firearms, or deadly weapons.  Or, there are assaults committed on specified people, i.e., police officers, firefighters, or other emergency personnel.  Additionally, there are felony assaults and misdemeanor assaults.  This article will scratch the surface of the law regarding assault by force likely to produce great bodily injury.  (Cal. Pen. Code section 245(a)(4).)

     An example of a felony assault, is an assault committed with an amount of force likely to cause great bodily injury.  (Cal. Pen. Code section 245(a)(4).)  This type of assault is usually charged when there is no deadly weapon or firearm involved.  Chuck Norris fans beware, fists are not deadly weapons under California law.  In California, to "use" a "weapon" means to use or employ an object extrinsic to the body. Thus, one equipped only with his or her naked hands or fists does not "personally use a dangerous or deadly weapon" within the meaning of the law on California assault. (People v. Davis, (1996) 42 Cal App 4th 806.)  An individual is usually charged with assault by force likely to produce great bodily injury when that individual pounds on the alleged victim by either hands, fists, knees or elbows. 

     So, as stated above, an individual can be charged with assault by force likely to cause great bodily injury when this individual repeatedly strikes another person with closed fists.  Whether a fist used in striking person would be likely to produce great bodily injury is to be determined by force of impact, manner in which it was used, and circumstances under which force was applied.  (People v. Kinman, (1955) 134 Cal.App.2s 419.)  What kind of force is likely to produce great bodily injury is question of fact.  (People v. Dewson, (1957) 150 Cal.App.2d 119.)  Because reasonable minds can differ as to whether the amount of force used is likely to produce great bodily injury, a prosecutor may charge you with felony assault with force likely to produce great bodily injury when you should only be charged with misdemeanor assault.  The difference between a felony and misdemeanor can be significant a prison or jail term and extensive Post Release Community Supervision (i.e., the new parole for non-Strike offenses) or probation conditions. 

     The punishment for assault by force likely to produce great bodily injury is as follows.  Any person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.  Notice that assault by force likely to produce great bodily injury is not eligible for a local county jail sentence if the individual is sentence to prison under Assembly Bill 109 (Realignment), California Penal Code section 1170(h).  This means, that an individual sent to prison for a felony assault by force likely to produce great bodily injury will serve his or her sentence in state prison. 

     There is a lot of information regarding the criminal law of assault that can fill a whole book.  If you are charged with a crime of felony or misdemeanor assault, give Nafiz M. Ahmed of Ahmed & Sukaram, Attorneys at Law, a call today to discuss your case and defenses. 

About the Author

Nafiz M. Ahmed

Owner / Attorney / Managing Partner Nafiz M. Ahmed was born in Mills Memorial Hospital in San Mateo, California. He grew up in Burlingame and attended Burlingame High School. While at Burlingame High School, Nafiz competed on the junior varsity and varsity football team. He was also the varsity wrestling team captain. After graduating Burlingame High School, Nafiz enrolled at the University of California at Davis. While at U.C. Davis, Nafiz served as a justice on the U.C. Davis Supreme Court for two years. He authored the majority opinion for all of the court's decisions during that time period. Nafiz loved being a U.C. Davis Aggie. However, he graduated early from U.C. Davis in three years in order to go to law school sooner. At Santa Clara University School of Law, Nafiz competed in Honors Moot Court and discovered his true passion for constitutional and criminal law. Nowadays, when he is not representing clients charge with crimes like domestic violence, theft, or drug possession, Nafiz likes to unwind by working out at his local boxing gym and surfing on the weekend. When Nafiz isn't trying to be the world's best dad and husband, he is hanging out with his American Bulldog, Chihuahua, and friends watching the U.F.C. or the San Francisco 49ers. FIREARMS AUTHORITY National Rifle Association – Northern California Attorney (N.R.A. referral list) KGO News Talk 810 – Gill Gross – Interview regarding Firearms ADVANCED DUI TRAINING DWI Detection & Standardized Field Sobriety Testing – Student Course DWI Detection & Standardized Field Sobriety Testing – Instructor Course Advanced Roadside Detection Impairment & Enforcement PUBLISHED WORKS Witness Preparation and Examination for DUI Proceedings The Impact of 2009 Case Decisions on DUI Prosecution and Defense Expert Witnesses A Criminal Defense Lawyer's Perspective on Common Firearms Issues in California HONORS AND AWARDS Super Lawyers Rising Star, 2012 Super Lawyers Rising Star , 2013 Top Lawyers in California, 2013 The National Trial Lawyers – Top 100 Trial Lawyers, 2013 AVVO rated 10 out of 10 PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS California Attorneys for Criminal Justice California DUI Lawyers Association California Public Defenders Association San Mateo County Bar Association BAR ADMISSIONS California, 2005 U.S. District Court Northern District of California, 2006 U.S. Court of Appeals 9th Circuit EDUCATION Santa Clara University School of Law, Santa Clara, California J.D. University of California, Davis, California Major: Economics

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