What is the test for assault under section 245 of the California Code of Civil Procedure?

California, United States of America


The following excerpt is from People v. I.J. (In re I.J.), A151668 (Cal. App. 2019):

"Section 245 'prohibits an assault by means of force likely to produce great bodily injury, not the use of force which does in fact produce such injury. While . . . the results of an assault are often highly probative of the amount of force used, they cannot be conclusive.' [Citation.] Great bodily injury is bodily injury which is significant or substantial, not insignificant, trivial or moderate. [Citation.] ' "The crime . . ., like other assaults, may be committed without infliction of any physical injury, and even though no blow is actually struck. [Citation.] The issue, therefore, is not whether serious injury was caused, but whether the force used was such as would be likely to cause it." ' " (People v. McDaniel (2008) 159 Cal.App.4th 736, 748-749.)

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