What factors will a jury consider in determining whether a flashlight can cause serious bodily injury?

Although relevant to the evaluation of force, whether grandfather admitted that he was not hit hard by the flashlight and had minimal injuries that did not require medical attention, are not dispositive factors. Defendant was much larger than grandfather. The altercation between grandfather and defendant occurred in the dark. The jury was entitled to consider grandfather's physical condition in determining whether the flashlight was likely to cause serious bodily injury. Grandfather was 77 years old and had existing bruises and scabs that would bleed every day. With injury, age carries with it an increased risk of bone fractures from being hit or from a fall. (See People v. Racy (2007) 148 Cal.App.4th 1327, 1333 (Racy).)

Page 14