On Saturday, January 22nd, a Canyon Country man was arrested on suspicion of assault likely to produce great bodily injury after he bit his son during an argument.
According to reports, a man and his adult son got into a verbal argument during which the man bit his son on the arm. When police and medical responders arrived, the victim refused medical treatment. The suspect was then arrested at the scene of the crime and subsequently charged.
Assault is covered under California Penal Code 240 PC and is described as an unlawful attempt, coupled with the present ability, to commit a violent injury on another person. Since the definition of assault includes the word “attempt,” a person could be charged with the crime even if they don’t actually come into contact with their intended victim.
PC 240, or simple assault, can be charged as either a misdemeanor or a felony depending on the circumstances of the case and the defendant’s prior criminal history.
Assault likely to produce great bodily injury is covered under California Penal Code 245(a)(1) PC and is described similarly to PC 240, but includes either the use of a deadly weapon (assault with a deadly weapon) or by another means of force capable of producing great bodily injury.
Under California Law, the term “great bodily injury” refers to a significant and substantial physical injury. This can include broken bones, second-degree burns, gunshot wounds, and other significant injuries. In some felony cases involving great bodily injury California Penal Code 12022.7 PC allows for a sentencing enhancement, that is, a harsher sentence if someone is convicted of a felony that resulted in great bodily injury.
Like simple assault, 245(a)(1) PC is a “wobbler” that can be charged as either a misdemeanor or a felony. The severity of the charge will depend a lot on the extent of the victim’s injury, the defendant’s prior criminal history, and the factors surrounding the incident.
