Assault With a Deadly Weapon vs. Means Likely To Produce Great Bodily Injury

Anytime you unlawfully attempt to cause someone else a violent injury, you have committed the crime of assault in California. The way you go about trying to cause the harm will determine what type of assault you are charged with: assault with a deadly weapon or assault by means likely to produce great bodily injury. While the charges have similarities, there are differences in what needs to be proven for a conviction and what punishments are available.

Assault With a Deadly Weapon Is Not Just for Guns and Knives

Also known as aggravated assault, assault with a deadly weapon (ADW) criminalizes any attempt to attack another person using a weapon that can kill. For a prosecutor to convict you on a charge of ADW, they must prove that you:

• Undertook an act that could result in force or violence being applied to someone else;
• Used a lethal weapon to perform that act;
• Acted willfully;
• Knew or understood the act would probably result in force being applied to another person; and,
• Had the ability to use the deadly weapon.

A charge for ADW does not require the intended target or victim to actually be injured. While firing a gun or stabbing someone with a knife definitely qualifies for an ADW charge, other objects can be used. For example, hitting someone over the head with a glass bottle or intentionally hitting someone with a car can suffice. So long as the item is used in a way that could lead to death, an ADW charge is possible.

Assault by Means Likely to Produce Great Bodily Injury Requires More Than Scratches or Bruises

Like ADW, assault by means likely to produce great bodily injury (GBI) charges do not require that actual harm be done. An assault that could have caused GBI in another is enough for assault charges. A GBI is defined as an outcome that leads to substantial injuries, such as broken bones or a concussion. Certain assaults, such as hitting someone with a pillow, would not be enough to warrant a charge for assault by means likely to produce GBI. Because hitting someone with a pillow can be seen as a violent act, it is an assault. But it is unlikely to cause any significant injury.

Both Crimes Can Be Misdemeanors or Felonies

In California, both ADW and assault by means likely to produce GBI are known as wobblers, meaning a prosecutor can charge you with either a misdemeanor or felony. The determination is made based on the facts of the case and your criminal history.

An assault by means likely to produce GBI charge can lead to up to one year in county jail and a $10,000 fine as a misdemeanor. As a felony, the maximum punishment includes possible state prison sentences of two to four years.

If you face misdemeanor ADW charges, you can end up serving up to a year in county jail and a paying a fine of $1,000. Felony ADW charges carry penalties including up to four years in state prison and a $10,000 fine. All assault charges can be subject to probation, whether summary or formal, and judges can order probation instead of jail time based on the case’s facts.

You should be aware that there are mandatory enhancements to the penalties for ADW if you use a firearm or assault a law enforcement or police officer, or a firefighter. For gun crimes, ADW can lead to up to 12 years in state prison. Similarly, ADW against a protected officer can be punished with up to five years in state prison, or 12 years if a gun was used.

If you face assault charges, whether assault with a deadly weapon or assault by means likely to produce great bodily injury, in Fullerton, California, you will need a skilled criminal defense attorney. Schedule a no-cost consultation with Chambers Law Firm today by contacting us at 714-760-4088 or dchambers@clfca.com.