Is 245 a )( 4 PC a felony or misdemeanor?
Asked by: Stanton Gorczany | Last update: February 10, 2026Score: 4.5/5 (50 votes)
California Penal Code 245(a)(4) (PC 245(a)(4)) is a "wobbler" offense, meaning it can be charged as either a felony or a misdemeanor, depending on the specifics of the case and the prosecutor's discretion. A misdemeanor conviction can lead to up to a year in county jail, while a felony conviction carries 2, 3, or 4 years in state prison, with potential enhancements for aggravating factors.
What is PC 245 A )( 4 felony?
California Penal Code 245(a)(4) PC makes it a crime to assault someone using such force that it is likely to cause the victim to suffer a “great bodily injury.” Under California law, an assault is an unlawful attempt to commit a violent injury on someone. No bodily harm has to occur for an assault to take place.
What is the difference between 245 A 1 and 245 A 4?
The Supreme Court acknowledged that 245(a)(1) was distinguishable from 245(a)(4) in that the former specified the use of an instrument in committing the assault, whereas the latter only requires force.
How bad is fourth degree assault?
Fourth-degree assault is generally the least severe assault charge, often a gross misdemeanor, but it's still serious, carrying potential jail time (up to a year), fines, probation, and significant long-term impacts like a criminal record affecting jobs, housing, and gun rights, especially with domestic violence (DV) involvement, which adds mandatory treatment, no-contact orders, and potential firearm surrender. It covers actions like unwanted touching, shoving, or creating fear of imminent harm, even without major injury, and can escalate to a felony with repeat DV offenses.
Is PC 245A4 a strike?
For example, in Penal Code Section 245(a)(4), an assault likely to produce great bodily injury is not a strike. Typically, it's filed as a felony. You could face prison time for that, but it could also be reduced to a misdemeanor if you get probation and complete it.
What is the Sentence for California Penal Code 245(a)(1)?
Do first time felony offenders go to jail in California?
Yes, first-time felony offenders can go to jail or prison in California, but judges often grant probation (formal or informal) with potential jail time (up to a year) instead, especially for non-violent offenses, allowing rehabilitation outside of custody, though serious crimes almost always lead to prison, depending on the offense's nature, judge's discretion, and mitigating factors.
What is the best defense against an assault charge?
The best defense against an assault charge depends on the specifics, but common successful strategies include self-defense, proving you used reasonable force to protect yourself from imminent harm, or the defense of others, consent (like in sports), lack of intent (it was an accident), false accusation, or challenging the accuser's credibility, often requiring an experienced attorney to analyze evidence like video or witness testimony.
How long does assault 4 stay on your record?
Once an assault charge or conviction is on your record, it remains there indefinitely unless you actively pursue legal relief.
Is a 4th degree felony the worst?
No, a Class 4 felony is generally not the worst; it's usually the least severe felony category, but still carries significant penalties like prison time (often 1-3 years), large fines (up to $25,000), and long-term consequences, with more serious felonies like Class 1 being far worse. In some states, like Illinois, Class 4 is the lowest tier, while in others, like Arizona, it sits in the middle, with Class 1 or Class A being the most serious.
Why do most domestic violence cases get dismissed?
Domestic violence charges are often dismissed due to insufficient evidence, lack of cooperation from the victim, or procedural issues that undermine the prosecution's case. These factors can significantly impact the legal outcome of such cases.
Which is worse, felony 1 or felony 4?
Yes, a Class 1 felony is significantly worse (more severe) than a Class 4 felony, as felony classifications rank from 1 (most severe, e.g., murder) down to Class 4, 5, or 6 (least severe), with Class 4 being a mid-range or lower felony depending on the state. The lower the number, the more serious the crime and potential penalties (longer prison terms, higher fines).
How serious is a battery charge in California?
A battery charge in California can range from a minor misdemeanor (up to 6 months jail, $2k fine) for simple battery to a felony (1-4 years prison) for aggravated battery causing serious injury, with penalties depending heavily on the victim (e.g., officer, firefighter) and the severity of injury, potentially leading to probation, anger management, or a permanent criminal record affecting jobs and housing.
What is a 245 in police code?
California Penal Code [CPC] §245(a)(1) – Assault With A Deadly Weapon – Assault With A Deadly Weapon occurs whenever anyone assaults another person with a deadly weapon, or a weapon other than a firearm, or when anyone assaults another person using force likely to produce great bodily injury.
What is worse, battery or assault?
Battery is generally considered worse than simple assault because it involves actual physical contact and harm, while assault is often just the threat or fear of imminent harm, though many states combine them or elevate battery to a felony (aggravated battery) if serious injury, a weapon, or a vulnerable victim is involved, making aggravated battery potentially worse than simple assault. The severity depends heavily on the jurisdiction and specific circumstances, with battery (actual touching) often seen as a step beyond assault (the threat), but both can become serious felonies.
Is jail time mandatory for a felony in California?
Under California Penal Code Section 1170(h)(3), if denied probation, you must be sentenced to state prison if the circumstances of your felony conviction involved one of the following: You have a prior or current serious felony conviction under PC 1192.7(c) You have been convicted of a violent felony under PC 667.5(c)
What is the most common punishment for assault?
The most common punishment for simple (misdemeanor) assault often involves probation, fines, community service, or short jail time (up to a year), especially for first-time offenders, while more severe forms like aggravated assault (using a weapon, serious injury) lead to felony charges with much longer prison sentences. Penalties vary greatly by jurisdiction, but generally, lesser assaults get probation/jail (months to a year), while aggravated assaults result in felonies and prison (years).
How much jail time for a fourth degree felony?
Although sentencing guidelines will vary by state, the majority of Class 4 felony convictions result in a prison sentence of approximately one to three years. They also can include fines of up to $10,000 or more, depending on the jurisdiction.
Do you go straight to jail for a felony?
No, you don't always go straight to jail for a felony; it depends on the crime's severity, your criminal history, and the judge's discretion, with outcomes ranging from probation and fines to prison, though serious felonies often lead to incarceration, especially for repeat offenders. Many first-time or non-violent felony offenders receive probation, community supervision, or alternative sentences instead of immediate jail time, but if imprisonment is part of the sentence, you're taken into custody immediately after sentencing.
Is my life over if I'm a felon?
The truth is, even a single felony conviction can drastically affect your life, often for years after you've served your sentence. Unlike misdemeanors, felonies carry the weight of long-term legal, financial, and personal repercussions.
How bad is an assault 4 charge?
Fourth-degree assault is generally the least severe assault charge, often a gross misdemeanor, but it's still serious, carrying potential jail time (up to a year), fines, probation, and significant long-term impacts like a criminal record affecting jobs, housing, and gun rights, especially with domestic violence (DV) involvement, which adds mandatory treatment, no-contact orders, and potential firearm surrender. It covers actions like unwanted touching, shoving, or creating fear of imminent harm, even without major injury, and can escalate to a felony with repeat DV offenses.
How to get felony charges dropped?
The 5 most common ways to get a felony charge dropped are (1) to show a lack of probable cause, (2) to demonstrate a violation of your constitutional rights, (3) to accept a plea agreement, (4) to cooperate with law enforcement in another case, or (5) to enter a pretrial diversion program.
Is my life ruined if I get a misdemeanor?
A misdemeanor won't necessarily ruin your life, but it can have significant, long-lasting impacts on employment, housing, education, and professional licensing, though these effects often lessen over time and can sometimes be expunged or sealed. While it's not as severe as a felony, a conviction creates a criminal record that can show up on background checks, making it harder to get certain jobs or loans, but many employers overlook misdemeanors, especially after several years or if the conviction is expunged.
What not to say to a judge?
You should not say anything sarcastic, interrupt the judge, lie, use slang, make personal attacks on others, guarantee outcomes, or speak about things not relevant to the case; instead, remain respectful, address the judge as "Your Honor," answer only the question asked, and be direct and truthful to maintain credibility.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
What to say to a prosecutor to drop charges?
To ask a prosecutor to drop charges, you (or the defendant's attorney) must formally request it, often by submitting a sworn "Affidavit of Non-Prosecution" explaining your reasons, but the prosecutor holds the final decision, not the victim or defendant, especially in serious cases like domestic violence, as they weigh the public interest and evidence. Key steps involve gathering evidence showing weak points, documenting your request clearly (especially if you're the victim), and working with an attorney to present a strong case for dismissal, often through motions or negotiations.