What Does PC 245(a)(4) in the California Penal Code Refer To?

Assault by means likely to produce great bodily injury under California Penal Code 245(a)(4) criminalizes attacks capable of causing serious harm. Convictions can lead to misdemeanor or felony penalties, including fines and potential imprisonment, depending on case specifics.

By Douglas Wade, Attorney

Email | Call (800) 484-4610

Have a quick question? We answered nearly 2000 FAQs.

Table of Contents

1. What does PC 245(a)(4) do?

2. What is the definition of a great bodily injury?

3. How can penal code 245(A)(4) be proven in court?

4. Penalties for breaking Penal Code 245(A)

5. How to defend against Penal Code 245(A)(4)

6. Criminal Defense Attorney in Los Angeles

What does PC 245(a)(4) do?

According to the Penal Code Section 245(a)(4), which is usually referred to as Assault by Means Likely to Produce Great Bodily Injury, it is alleged that the defendant committed an attack on another individual, and that the defendant did so through the use of means that were likely to result in the victim suffering severe bodily harm.

To begin, it is not necessary for the victim to have suffered severe or any kind of physical harm in order for the law to apply.

On the contrary, the methods used to commit an attack are criminalized under Penal Code § 245(a)(4), regardless of how effective such methods may be.

An “assault” is defined as an unlawful effort to inflict physical harm on another person in California. Assaults can occur even in the absence of actual physical injury.

According to the California Penal Code 245(a)(4), an attack that is likely to cause serious bodily harm must contain the following elements:

The defendant’s deliberate act
The presence of the ability to use force
The fact that the defendant knew, or should have known, that their actions would inevitably lead to the use of force
The fact that the defendant’s actions could result in great bodily harm

What is the definition of a great bodily injury?

Any serious or considerable physical harm is considered a “great bodily injury” under California law. Therefore, it is reasonable to wonder: what constitutes a serious or major injury?

A jury’s verdict will be based on the facts presented in this case. In the past, it has been determined that injuries such as shattered bones and black eyes meet the criteria for being considered great bodily injuries.

Injuries such as concussions, burns, internal organ damage, knife wounds, and contusions can potentially constitute a GBI.

In spite of this, there have been instances in which juries have found the defendant not guilty of assault by methods likely to cause great bodily injury, even when the injuries sustained were rather severe.

When an injury isn’t clear-cut, like moderate bruises, it’s hard to say for sure if the judges will decide that there was great bodily damage.

The usual circumstances for the prosecution of a Penal Code § 245(a)(4) offense include those in which the victim endured a very violent or horrific attack, setting the case apart from the usual assault and battery scenario.

The fact that attacks involving threats of serious bodily harm are subject to the same legislative provision as assaults with lethal weapons suggests that lawmakers view both types of assaults as particularly grave.

How can penal code 245(A)(4) be proven in court?

Those in charge of prosecuting these violent crimes consider them to be extremely serious attacks that cause a significant amount of concern for the general population.

Therefore, when charged with assault likely to create great bodily harm, it is vital to have qualified and skilled criminal defense counsel to preserve your rights.

According to CALCRIM 875 Jury Instructions, the prosecution must establish beyond a reasonable doubt each element of the offense in order to get a conviction for PC 245(a)(4). A few examples are:

1. The crime of assault

While actual physical force is not necessary for a conviction under Penal Code 245(a)(4), the victim’s testimony tends to corroborate the presence of such force, making it an easier element to show in an assault case. Prosecutors often have witnesses who can attest to the fact that an attack took place.

2. Serious Physical Harm

The burden of proof is on the prosecution to establish that the use of force was foreseeable and likely to result in substantial bodily harm; the infliction of any harm is not necessary.

A good illustration of this would be aiming a large object at someone’s head but failing to hit them.

Penalties for breaking Penal Code 245(A)

Penal Code § 245(a)(4) violations in California can be tried as either a misdemeanor or a felony, making them a “wobbler” in the eyes of the law.

Consequences for a conviction in a misdemeanor case include:

Spending up to a year in the county jail, paying a $10,000 fine, or both.

In contrast, the following consequences may follow a felony prosecution:

A term of between two and four years in a state prison as a maximum penalty.

The specific facts of the case, as well as aggravating and mitigating circumstances unrelated to the specific behavior, such as the defendant’s past criminal history, the alleged victim’s vulnerability, and other factors, will determine whether an assault by means likely to cause great bodily injury case is dealt with as a misdemeanor or a felony.

Offenses in California that are similar to assault with the intent to cause great bodily harm include:

Penal Code 243(d): Battery causing serious injury
Penal Code 244: Caustic Chemical Assault
Penal Code 245(a)(1): Deadly Weapon Assault
Penal Code 245(a)(2): Armed assault

Remember that even if the matter is first filed as a felony, there may be a chance to have it reduced to a misdemeanor through plea bargaining or an application to the court under Penal Code Section 17b.

How to defend against Penal Code 245(A)(4)

Reasonable doubt is one of the typical defenses to a prosecution under Penal Code § 245(a)(4). The burden of proof is on the prosecution to establish, beyond a reasonable doubt, that the defendant was guilty of each and every element of the offense.

For instance, a defendant cannot be justly found guilty if the prosecution fails to prove either the occurrence of an attack or the likelihood of serious bodily harm resulting from the assault.

1. Self-Defense

The right to defend oneself or one’s fellow citizens is an additional defense. It is possible that the defendant’s use of force was reasonable to the danger of imminent physical damage that either the defendant or another person faced, even if the force was strong enough to cause grievous bodily harm.

The defendant may contend that they behaved appropriately in protecting himself or someone else in such a situation.

2. Injury Was Not Major

A possible defense to the allegations may be that the victim did not suffer serious injuries. However, this is not a complete defense.

You may use this defense to try to get the charges dropped to a misdemeanor or reduced to a lesser crime, like simple assault.

Criminal Defense Attorney in Los Angeles

In California, a felony conviction for assault by methods likely to induce significant physical damage carries the possibility of a lengthy jail sentence.

Feel free to reach out to a seasoned criminal defense attorney for a free first consultation if you or someone you know is facing an investigation or charges related to Penal Code § 245(a)(4). They will help you figure out what to do to improve your chances of a favorable outcome.

By implementing a prefiling intervention, an experienced attorney can represent you in court and work to lessen or eliminate the likelihood of formal charges being brought.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment

Most recent blogs:

Best Free VOIP Services for 2025

Compare the best free VoIP services for 2025, including Google Voice, Ringblaze, OnSIP, and Zoom Phone. Evaluate features, pricing, pros, and cons to choose a reliable communication tool without exceeding your business budget.

How to Start a Business With No Money

Start a business with no money by identifying ideas, building connections, and creating value through small, focused steps. Overcome self-doubt, engage real customers early, and grow sustainably without relying on upfront capital or flashy marketing.

Best Retail POS Systems for 2025

Square, Clover, Shopify, Lightspeed, and Epos Now rank among the top retail POS systems for 2025. Compare pricing, hardware, and features to find the best system for your store’s size, style, and growth needs.

Wix vs WordPress: A Complete Comparison of Features, Pricing, and Ease of Use

Compare Wix and WordPress on features, pricing, templates, and ease of use to find the right fit for your website. Wix offers simplicity and built-in tools, while WordPress provides advanced customization and flexibility for growing businesses.

How to Start a Cleaning Business in 2025

Start your cleaning business in 2025 using this guide on essentials, legal steps, pricing methods, and practical marketing strategies. Ensure success with business management tips, client attraction techniques, and smart budgeting for your cleaning startup.

Shopify vs Etsy: Features, Costs & Customization Compared

Compare Shopify and Etsy on features, pricing, and customization to decide the ideal e-commerce platform for your online business. Evaluate key differences in tools, fees, scalability, and storefront design to maximize your selling potential on Shopify, Etsy, or both.

Can I Legally Move Out at 17?

Is it legal to move out at 17? Emancipation allows minors to live independently, make financial decisions, and take on adult responsibilities. However, they still must follow certain laws like schooling and marriage.

What Is the California Fraud Assessment Fee?

The California fraud assessment fee is a mandatory charge for insurers, capped at $1 per insured vehicle, funding fraud investigations and prosecutions. Funds support the Fraud Division, California Highway Patrol, and district attorneys in combating auto insurance fraud and economic automobile theft.

How Does a Quiet Title Action Work in California?

A quiet title action in California resolves property ownership disputes by legally clarifying title claims through a court process. It removes uncertainties caused by liens, boundary issues, adverse possession, or estate disputes, ensuring clear ownership rights.

What Should Be Included in a Demand Letter in California?

A demand letter in California should outline the dispute, requested resolution, deadline, and legal consequences of noncompliance. A well-structured demand letter increases the chances of settlement and may help avoid costly litigation.

Why Is It Important to Reconcile Your Bank Statements and How Often Should You Do It?

A bank reconciliation statement helps detect errors, prevent fraud, and ensure accurate financial reporting. Regular reconciliation—monthly or more frequently—improves cash flow management and financial decision-making.

Is Loli Illegal? U.S. Laws on Lolicon and Legal Consequences

Lolicon's legality in the U.S. depends on federal and state laws, with potential criminal penalties for possession or distribution. Courts assess whether content violates child pornography statutes, making legal interpretations complex and case-dependent.

What Is Variable Cost and How Does It Impact Pricing Strategies?

Variable costs fluctuate with production or sales, impacting pricing strategies and profit margins. Businesses must analyze variable costs to optimize pricing, budgeting, and profitability while maintaining competitive advantages.

What Is Unilateral Action and How Is It Used in Contracts?

A unilateral contract binds only the offeror, requiring payment only when the offeree completes a specified task. Common examples include reward offers, insurance policies, and open requests, emphasizing performance-based obligations.

What Is Estate Planning and Why Is It Important for Families?

Estate planning ensures assets are distributed according to your wishes and protects loved ones from legal complications and tax burdens. A well-structured estate plan helps prevent family conflicts, secures guardianship for minors, and minimizes unnecessary financial losses.

What Is a Revocable Living Trust and How Does It Benefit Estate Planning?

A revocable living trust offers flexibility in estate planning, allowing asset control during life and seamless transfer after death. It avoids probate, ensures privacy, and provides a structured way to manage assets, reducing costs and legal complications for beneficiaries.

What Is a Quitclaim Deed and How Does It Differ From a Warranty Deed?

A quitclaim deed transfers property ownership quickly but offers no buyer protections, unlike a warranty deed that ensures a clear title. Often used among trusted parties, quitclaim deeds help with estate planning, divorce settlements, and correcting title errors without verifying property liens or claims.

What Is a Deed of Trust, and How Is It Different From a Mortgage?

A deed of trust secures real estate loans by involving a trustee, differing from mortgages, which have only two parties. Unlike mortgages, deeds of trust often enable nonjudicial foreclosure, expediting property recovery for lenders in case of default.

What Is a Contingent Beneficiary, and How Does It Differ From a Primary Beneficiary?

A contingent beneficiary receives assets only if the primary beneficiary cannot. Naming one helps avoid probate and ensures smooth inheritance distribution.

What Is a Durable Power of Attorney, and How Does It Differ From a Regular Power of Attorney?

A power of attorney lets someone manage your financial, legal, or health matters, but it expires if you lose mental competence. A durable power of attorney remains valid even after incapacity, ensuring your affairs are handled without court intervention.

What Is a Cash Flow Statement, and How Does It Help in Business Planning?

A cash flow statement tracks a company's incoming and outgoing cash, revealing financial health and operational efficiency. It helps businesses plan investments, manage liquidity, and make informed financial decisions by assessing cash flow from operations, investments, and financing activities.

What Is a Bill of Sale, and How Is It Used in Transactions?

A bill of sale is a legal document confirming the transfer of ownership in various transactions, ensuring clarity and security for both parties. It details the buyer, seller, asset, payment terms, and conditions, offering legal protection and proof of sale.

What Is a 1099, and How Does It Relate to Tax Reporting?

A 1099 form reports payments made to independent contractors, freelancers, and other non-employees for tax purposes. Businesses must file the correct 1099 form to ensure compliance with IRS regulations and avoid penalties.

What Is a Beneficiary, and What Role Do They Play in Estate Planning?

A beneficiary is someone designated to receive assets from an estate, financial account, or insurance policy. Naming beneficiaries ensures assets are distributed according to your wishes, avoiding legal complications and delays.

What Does P&L Mean, and How Is It Used in Financial Reporting?

A profit and loss (P&L) statement tracks a company's income and expenses over time, showing whether it is profitable or losing money. Businesses use P&L statements to analyze financial performance, make strategic adjustments, and meet investor or lender requirements.

What Does NNN Mean, and How Does It Apply to Commercial Leases?

A triple net lease (NNN) requires tenants to cover property taxes, insurance, and maintenance in addition to rent and utilities. While offering landlords steady income with reduced expenses, tenants gain control over the property but assume higher financial responsibility.

How Do You Start Your Own Business, and What Challenges Might You Face?

Starting a business involves planning, funding, and selecting a legal structure while ensuring your concept meets market demand. Entrepreneurs face financial risks, customer acquisition challenges, and work-life balance struggles, making preparation essential for success.

How Do You Create a Business Plan, and Why Is It Important for Startups?

A business plan outlines your company's mission, structure, and financial strategy, helping attract investors and guide decision-making. Startups benefit from a well-crafted plan by reducing risk, securing funding, and creating a roadmap for sustainable growth.

How Does USPS Priority Mail Differ from Standard Mail Services?

USPS Priority Mail delivers faster than standard mail, includes tracking, and offers flat-rate options, making it ideal for urgent shipments. Standard mail is more affordable but lacks tracking, insurance, and guaranteed delivery times, making it better suited for non-urgent items.

How Does Slander Differ from Libel in Defamation Cases?

Slander refers to spoken defamation, while libel involves written falsehoods that harm reputations. Legal distinctions depend on evidence, intent, and public versus private figures.