California Penal Code §245(a)(4) — Assault by Means Likely to Produce GBI
PC §245(a)(4) punishes assault by any means of force likely to produce great bodily injury — no weapon required. A single hard punch, a stomping attack, choking, or slamming a person into a wall can all satisfy §245(a)(4). It is a wobbler: felony filings carry 2, 3, or 4 years in state prison and count as a strike where GBI is inflicted.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Assault by Means Likely to Produce GBI Cases in All LA County Courts
01 — Quick Facts
PC §245(a)(4) — Assault by Means Likely to Produce GBI at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §245(a)(4) — Assault by Means Likely to Produce GBI |
| Code Type | Penal Code (PC) |
| Classification | Wobbler |
| Prison Term (Felony) | 2, 3, or 4 years state prison |
| Jail Term (Misdemeanor) | Up to 1 year county jail |
| Fine | Up to $10,000 |
| Strike | Serious felony if GBI actually inflicted (PC §1192.7(c)(8)) |
| Probation | Discretionary; prohibited on GBI enhancement |
| Firearm Rights | Lifetime state and federal ban on felony conviction |
| Immigration | Crime of violence — aggravated felony on 1-yr sentence |
| Related Codes | PC §245(a)(1), §243(d), §273.5, §203 Mayhem |
| If Charged | Call (213) 723-2337 for a free consultation |
01 — What Is PC §245(a)(4)?
What Is California Penal Code §245(a)(4)?
PC §245(a)(4) Reads:
"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 both a fine not exceeding ten thousand dollars ($10,000) and imprisonment."
— California Penal Code §245(a)(4)
§245(a)(4) is the 'force-likely' companion to §245(a)(1)'s deadly-weapon language. Where §245(a)(1) targets weapon-use, §245(a)(4) targets bare-hand or body-based assaults with the ability to cause serious injury. Choking, stomping, throwing someone down stairs, and repeated punches to the head all qualify — even when the victim does not actually suffer GBI. The test is whether the force used was likely to cause it.
'Force Likely to Cause GBI' — The Standard
The prosecution does not have to show actual injury. The test under People v. Aguilar is whether the force objectively — based on the manner used — would probably result in GBI to the victim.
PC §245(a)(4)
Focus: the force used. Actual injury not required. Wobbler; strike only if GBI actually inflicted.
PC §243(d)
Focus: the actual injury inflicted. Requires 'serious bodily injury.' Wobbler; automatic strike as serious felony.
Why This Law Matters
§245(a)(4) is a favored charging tool because it does not require proof of injury — only proof that the force was likely to cause GBI. This makes it available in every serious hand-to-hand assault case and, when paired with a §12022.7 GBI enhancement, converts into an 85%-credit violent felony carrying up to 10+ years.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §245(a)(4)
To convict under PC §245(a)(4), the prosecution must prove each element beyond a reasonable doubt (CALCRIM 875).
You Committed an Assault
All §240 assault elements must be proven — a willful act likely to result in force, with present ability, and awareness of the surrounding circumstances.
The Assault Was Committed by Means of Force Likely to Produce GBI
The manner and force must, objectively, be likely to cause great bodily injury — significant or substantial physical injury. Punch to the head, stomp, kick, choke, or slam all typically qualify.
You Acted Willfully
The act must be intentional. Reflex movements, accidental collisions, and defensive gestures do not satisfy willfulness.
You Had the Present Ability to Apply Force
The ability to inflict the force must exist at the moment of the act. Distance, restraint, or physical incapacity defeat this element.
04 — Penalties
Penalties for PC §245(a)(4) Assault by Means Likely to Produce GBI in California
§245(a)(4) exposure escalates dramatically with §12022.7 GBI enhancements — commonly attached in serious hand-to-hand cases.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §245(a)(4) Misdemeanor | PC §245(a)(4) | Up to 1 year county jail | Yes (up to 3 years) | No |
| §245(a)(4) Felony | PC §245(a)(4) | 2, 3, or 4 years state prison | Discretionary | Yes only if GBI inflicted |
| §245(a)(4) + GBI | PC §12022.7(a) | +3 years consecutive | Prohibited | Violent felony (85% credits) |
| §245(a)(4) + Elder/Child GBI | PC §12022.7(c)/(d) | +5 years consecutive | Prohibited | Yes |
| §245(a)(4) + DV GBI | PC §12022.7(e) | +3, 4, or 5 years consecutive | Prohibited | Yes |
| §245(a)(4) + Gang Enhancement | PC §186.22(b) | +5 years or 15-to-life | Prohibited | Yes |
Common §245(a)(4) Enhancements
Great Bodily Injury
PC §12022.7(a)
3 years consecutive for personally inflicting GBI. Converts §245(a)(4) into a violent-felony strike with 85% credits.
Elder / Child GBI
PC §12022.7(c)/(d)
5 years consecutive when victim is 70+ or under 5.
Domestic Partner GBI
PC §12022.7(e)
3, 4, or 5 years consecutive when victim is an intimate partner.
Peace Officer Enhancement
PC §245(c)
Assault by force likely to cause GBI on a peace officer is prosecuted under §245(c) — 3, 4, or 5 years prison. On firearm use, 4, 6, or 8 years.
Gang Enhancement
PC §186.22(b)
5 years or life-top when the crime is for the benefit of a criminal street gang.
Hate-Crime Enhancement
PC §422.75
1 to 3 years consecutive when motivated by protected-class bias.
Beyond the Sentence
- Strike under Three Strikes Law when GBI attached
- Violent-felony 85% custody-credit rule on GBI enhancement
- Lifetime state and federal firearm ban on felony conviction
- Immigration deportability as crime of violence — aggravated felony if 1-yr sentence
- Professional-license discipline (medical, teaching, security)
- DNA collection under PC §296
- Loss of concealed-carry, hunting, and gun-club eligibility
- Civil liability for medical costs and pain-and-suffering
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §245(a)(4) Assault by Means Likely to Produce GBI Charges
Force-likely-to-cause-GBI defenses focus on the level of force actually used, self-defense, and wobbler reduction.
Force Not Likely to Cause GBI
Where video or medical evidence shows moderate, non-escalating force — a push, a slap, a shove — the element fails and §245(a)(4) reduces to §240 or §242.
People v. Aguilar
Self-Defense / Defense of Another
CALCRIM 3470 complete defense. Reasonable perception of imminent unlawful force + proportional response = acquittal. Frequently decisive in bar-fight and domestic-cross-complaint cases.
CALCRIM 3470
Mutual Combat
Voluntary mutual combatants who agreed to fight are treated differently under CALCRIM 3471. Where the alleged victim consented to the fight, the unlawfulness element weakens or fails.
CALCRIM 3471
PC §17(b) Reduction
Wobbler reduction available at preliminary hearing (§17(b)(5)) or after probation (§17(b)(3)) — removes strike consequences and eliminates violent-felony designation.
No Willful Act
Reflexive strikes, accidental collisions, and startled reactions do not satisfy willfulness.
CALCRIM 875
GBI Enhancement Challenge
We contest the §12022.7 GBI finding with independent medical review — challenging whether injury was 'significant or substantial.' Striking GBI removes the violent-felony designation.
Mistaken Identification
Crowd assaults, bar fights, and low-light incidents produce misidentifications. We investigate video, DNA, and witness bias.
CALCRIM 315
Constitutional Sources
07 — Court Process
How PC §245(a)(4) Assault by Means Likely to Produce GBI Cases Move Through Los Angeles Courts
§245(a)(4) felony filings proceed through the felony pipeline. GBI enhancements are litigated aggressively at prelim.
- 1
Step 1 — Arrest & Booking
Booking is standard on felony filings. Bail typically $50,000–$150,000 in LA County depending on injury severity.
- 2
Step 2 — Arraignment
Charges read, plea entered. Advocacy for bail reduction and protective-order review.
- 3
Step 3 — Preliminary Hearing
Within 10 court days for in-custody. We attack the 'force likely to cause GBI' element and challenge medical evidence supporting §12022.7 enhancement.
- 4
Step 4 — PC §17(b) Motion
After prelim we move for wobbler reduction to misdemeanor — arguing marginal force, no injury, and cooperation.
- 5
Step 5 — Pretrial Motions
PC §1538.5 suppression, motions to strike GBI enhancement, PC §995 dismissals of enhancements, and Pitchess motions on officer credibility.
- 6
Step 6 — Plea Negotiations
Standard reductions: misdemeanor §242 battery, PC §415 disturbing the peace, or wobbler reduction to misdemeanor §245(a)(4).
- 7
Step 7 — Trial & Sentencing
Jury trial on force-likelihood, willfulness, and self-defense. Sentencing considers strike consequences, 85% credits, and Romero relief.
Los Angeles Courts That Handle PC §245(a)(4) Assault by Means Likely to Produce GBI Cases
§245(a)(4) felonies are heard in LA County felony trial courts.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Assault by Means Likely to Produce GBI Defense Attorney
Daniel S. Rubin has defended clients charged with assault by means likely to produce gbi and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §245(a)(4) in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Assault by Means Likely to Produce GBI Cases Throughout LA County
See our full Assault by Means Likely to Produce GBI defense practice
09 — FAQs
PC §245(a)(4) Assault by Means Likely to Produce GBI Questions — Los Angeles
Do I have to injure someone to be charged under PC §245(a)(4)?
No. §245(a)(4) requires only that the force used was 'likely to produce great bodily injury' — regardless of whether GBI actually occurred. If injury does occur, prosecutors add PC §12022.7 GBI enhancement (+3–6 years) and PC §243(d) as a separate count. But even a missed punch that was thrown with force likely to cause GBI can support §245(a)(4).
What kind of force is 'likely to cause GBI'?
Case law includes: punches or kicks to the head, choking or strangulation, stomping on a downed victim, slamming into a wall, throwing down stairs, striking with a hard object, and any repeated hard blows. A single push, slap, or minor shove typically does not qualify.
Is PC §245(a)(4) a strike?
Only if GBI is actually inflicted. §245(a)(4) alone is not automatically a strike. When PC §12022.7 GBI enhancement is found true, it becomes a serious felony under PC §1192.7(c)(8) — automatic strike + 85% credits + violent felony. Without GBI enhancement, felony §245(a)(4) is not a strike (unlike §245(a)(1) which does become a strike with firearm use).
Can PC §245(a)(4) be reduced to a misdemeanor?
Yes — §245(a)(4) is a wobbler. §17(b)(5) reduction at preliminary hearing or §17(b)(3) after successful probation. Grounds: no injury, cooperation, mitigation, no significant prior record. Reduction eliminates strike consequences (if GBI enhancement was part of the plea).
Does self-defense apply to §245(a)(4)?
Yes. CALCRIM 3470 complete defense — if you reasonably perceived imminent unlawful force and used proportional force, acquittal follows. Even in cases where GBI resulted to the alleged aggressor, self-defense is a complete defense. Once raised, People must disprove beyond a reasonable doubt.
Is choking or strangulation §245(a)(4) or §273.5?
Depends on the relationship. Strangulation of a stranger is prosecuted under §245(a)(4) — case law treats strangulation as force likely to cause GBI. Strangulation of an intimate partner is charged under both §273.5 (corporal injury) and §245(a)(4). Because appellate courts have specifically held strangulation supports GBI enhancement, PC §12022.7 is typically alleged.
How does §245(a)(4) affect immigration status?
§245(a)(4) is a categorical 'crime of violence' under 18 U.S.C. §16(a). Any felony §245(a)(4) with a 1-year sentence imposed is an aggravated felony under INA §101(a)(43)(F) — mandatory deportation. Misdemeanor §245(a)(4) is a crime involving moral turpitude and may be deportable/inadmissible. Never plead without immigration-informed counsel.
Can PC §245(a)(4) be expunged?
Yes if probation granted and successfully completed — PC §1203.4 expungement. If state prison sentence was imposed (typical when GBI enhancement was found true), expungement is not available and PC §1203.42 or Certificate of Rehabilitation applies. Strike remains after expungement.
Available 24/7 — Free Consultation
Charged with PC §245(a)(4) in Los Angeles?
Force-likely-to-cause-GBI charges demand aggressive defense — GBI enhancements can add years and convert to violent-felony strike. Call Rubin Law, P.C. at (213) 723-2337.