California Penal Code 245(a)(4) – Assault with Force Likely to Cause Great Bodily Injury

Overview

California Penal Code 245(a)(4) PC makes it a felony to assault another person using force likely to cause great bodily injury (GBI)—even if no injury actually occurs. This charge is often filed in fist fights, domestic altercations, and group brawls, and it is a strike offense under California’s Three Strikes Law.

At Jones Trial Attorneys, we know that what prosecutors call “GBI force” is often just a heated moment that got blown out of proportion. We dissect the facts, fight the strike, and build a defense designed to avoid jail, protect your rights, and restore your reputation.

Legal Definition

Penal Code § 245(a)(4) states:

“Any person who commits an assault upon the person of another by means of force likely to produce great bodily injury shall be punished accordingly.”

Great bodily injury means significant or substantial physical injury—not minor or moderate harm.

No actual injury is required—just the use of force that was likely to cause it.

Elements of the Crime

To convict someone under PC 245(a)(4), the prosecution must prove:

1. You committed an assault on another person;

2. You used force that was likely to cause great bodily injury;

3. You acted willfully;

4. You were not acting in self-defense or defense of others.

Even punches or kicks can be charged if the alleged conduct is deemed sufficiently dangerous.

Penalties for Assault with Force Likely to Cause GBI

PC 245(a)(4) is a wobbler, meaning it can be charged as a misdemeanor or felony.

Misdemeanor Penalties

• Up to 1 year in county jail

• Misdemeanor probation

• Fines up to $1,000

• Anger management or domestic violence counseling

Felony Penalties

• 2, 3, or 4 years in state prison

• Formal probation (in some cases)

• Strike under California’s Three Strikes Law

• Restitution to the victim

If the victim suffers actual great bodily injury, prosecutors may add a GBI enhancement under PC 12022.7—which can add 3–6 more years in prison.

Defenses to PC 245(a)(4) Charges

We regularly fight these charges in trial and pretrial negotiations. Common defenses include:

• Self-defense or defense of others – You were responding to an immediate threat

• No force likely to cause GBI – The action was not likely to cause serious injury

• No willful conduct – The act was accidental or reflexive

• Mutual combat – Both parties engaged willingly

• False accusations or exaggeration – Especially in domestic or party settings

We also negotiate for reductions to simple battery (PC 242) or diversion where available.

Immigration and Employment Consequences

PC 245(a)(4) can be treated as a crime involving moral turpitude and a strike, leading to:

• Deportation or inadmissibility

• Loss of state professional licenses

• Ineligibility for law enforcement, security, or military jobs

We develop a defense strategy that protects your immigration status, employment, and future opportunities.

Related Offenses

• PC 245(a)(1) – Assault with a Deadly Weapon

Requires use of a weapon and is always a felony (not a "wobbler")

• PC 243(d) – Battery Causing Serious Injury

Requires proof of actual injury

• PC 242 – Simple Battery

Lesser offense with no serious injury or force

• PC 422 – Criminal Threats

Often charged if threats were made before the assault

How Jones Trial Attorneys Can Help

Assault with force likely to cause GBI is one of the most overcharged felonies in California. We challenge these cases with expert analysis of the force used, the injuries claimed, and the legal standard for GBI.

Whether we’re negotiating a felony reduction or preparing for trial—we fight to eliminate the strike, avoid jail, and keep your record clean.

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📍 Local San Diego firm with deep courtroom experience

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