What is the test for determining whether a defendant's use of his hands would cause great bodily injury?

California, United States of America


The following excerpt is from People v. Herrera, H044475 (Cal. App. 2020):

"While it is true that 'when the evidence shows that a blow has been struck or a physical injury actually inflicted, the nature and extent of the injury is a relevant and often controlling factor in determining whether the force used was of a felonious character' [citations], an injury is not an element of the crime, and the extent of any injury is not determinative. '. . . 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. Covino (1980) 100 Cal.App.3d 660, 667 (Covino).) Whether a defendant's use of his hands "would be likely to cause great bodily injury is to be determined by the force of the impact, the manner in which [the hands were] used and the circumstances under which the force was applied." (People v. McDaniel (2008) 159 Cal.App.4th 736, 748-749.)

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