Legal Question in Criminal Law in California

Does Penal Code 245 (a) (1) with great bodily injury fall under PC 667.5 (c)? If so, does the offender have to serve 85% time and can offender join the Fire Camp?


Asked on 8/30/09, 5:40 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

If the defendant personally inflicted great bodily injury (a finding of Penal Code section 12022.7 was alleged and either admitted or found true by a jury), then yes - it falls under 667.5(c).

If it was just charged as assault with force likely to produce great bodily injury [Penal Code section 245(a)(1)], but there was no allegation that great bodily injury was actually inflicted, then it does not fall under 667.5(c).

If it is under 667.5(c), then it's 85%

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Answered on 8/31/09, 10:25 am


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