What is the test for a charge of assault under the California Penal Code?

(b)(1).) Should the abuse occur under circumstances or conditions unlikely to produce great bodily harm the crime is deemed a misdemeanor. ( 368, subd. (c).) Moreover, courts have held there is no requirement the victim actually suffer great bodily injury. (People v. Cortes (1999) 71 Cal.App.4th 62, 80.)

While defendant maintains Loan suffered no great bodily injury, he concedes we must consider not just the actual injury sustained, but also on the likelihood the abuse could have caused great bodily injury. In determining the likelihood of great bodily injury, a jury is permitted to look at not just the force or nature of the abuse inflicted, but at the surrounding circumstances as well. (People v. Racy (2007) 148 Cal.App.4th 1327, 1333.) These include: "(1) the characteristics of the victim and the defendant, (2) the characteristics of the location where the abuse took place, (3) the potential response or resistance by the victim to the abuse, (4) any injuries actually inflicted, (5) any pain sustained by the victim, and (6) the nature of and amount of force used by the defendant." (People v. Clark (2011) 201 Cal.App.4th 235, 245, fn. omitted.)