CALCRIM No. 875

Great Bodily Injury (Pen. Code, §§ 240, 245(a)(1)–(4), (b))

The defendant is charged [in Count] with assault with (force

likely to produce great bodily injury/a deadly weapon other than a

firearm/a firearm/a semiautomatic firearm/a machine gun/an assault

weapon/a .50 BMG rifle) [in violation of Penal Code section 245].

To prove that the defendant is guilty of this crime, the People must

prove that:

<Alternative 1A—force with weapon>

[1. The defendant did an act with (a deadly weapon other than a

firearm/a firearm/a semiautomatic firearm/a machine gun/an

assault weapon/a .50 BMG rifle) that by its nature would directly

and probably result in the application of force to a person;]

<Alternative 1B—force without weapon>

[1A. The defendant did an act that by its nature would directly and

probably result in the application of force to a person, and

1B. The force used was likely to produce great bodily injury;]

2. The defendant did that act willfully;

3. When the defendant acted, (he/she) was aware of facts that would

lead a reasonable person to realize that (his/her) act by its nature

would directly and probably result in the application of force to

someone;

[AND]

4. When the defendant acted, (he/she) had the present ability to

apply force (likely to produce great bodily injury/with a deadly

weapon other than a firearm/with a firearm/with a semiautomatic

firearm/with a machine gun/with an assault weapon/with a .50

BMG rifle) to a person(;/.)

<Give element 5 when instructing on self-defense or defense of another>

[AND

5. The defendant did not act (in self-defense/ [or] in defense of

someone else).]

Someone commits an act willfully when he or she does it willingly or on

purpose. It is not required that he or she intend to break the law, hurt

someone else, or gain any advantage.

The terms application of force and apply force mean to touch in a

harmful or offensive manner. The slightest touching can be enough if it

is done in a rude or angry way. Making contact with another person,

including through his or her clothing, is enough. The touching does not

have to cause pain or injury of any kind.

[The touching can be done indirectly (by causing an object [or someone

else] to touch the other person/ [or] by touching something held by or

attached to the other person).]

[The People are not required to prove that the defendant actually

touched someone.]

The People are not required to prove that the defendant actually

intended to use force against someone when (he/she) acted.

No one needs to actually have been injured by defendant’s act. But if

someone was injured, you may consider that fact, along with all the

other evidence, in deciding whether the defendant committed an assault[,

and if so, what kind of assault it was].

[Voluntary intoxication is not a defense to assault.]

[Great bodily injury means significant or substantial physical injury. It is

an injury that is greater than moderate harm.]

[A deadly weapon other than a firearm is any object, instrument, or

weapon [that is inherently deadly or one] that is used in such a way that

it is capable of causing and likely to cause death or great bodily injury.]

[An object is inherently deadly if it is deadly or dangerous in the

ordinary use for which it was designed.]

[In deciding whether an object is a deadly weapon, consider all the

surrounding circumstances.]

[A firearm is any device designed to be used as a weapon, from which a

projectile is discharged or expelled through a barrel by the force of an

explosion or other form of combustion.]

[A semiautomatic pistol extracts a fired cartridge and chambers a fresh

cartridge with each single pull of the trigger.]

[A machine gun is any weapon that (shoots/is designed to shoot/ [or] can

readily be restored to shoot) automatically more than one shot by a

single function of the trigger and without manual reloading.]

[An assault weapon includes <insert names of appropriate

designated assault weapons listed in Pen. Code, § 30510 or as defined by

Pen. Code, § 30515>.]

CALCRIM No. 875 ASSAULTIVE AND BATTERY CRIMES

[A .50 BMG rifle is a center fire rifle that can fire a .50 BMG cartridge

[and that is not an assault weapon or a machine gun]. A .50 BMG

cartridge is a cartridge that is designed and intended to be fired from a

center fire rifle and that has all three of the following characteristics:

1. The overall length is 5.54 inches from the base of the cartridge to

the tip of the bullet;

2. The bullet diameter for the cartridge is from .510 to, and

including, .511 inch;

AND

3. The case base diameter for the cartridge is from .800 inch to,

and including, .804 inch.]

[The term[s] (great bodily injury[,]/ deadly weapon other than a firearm[,]/

firearm[,]/ machine gun[,]/assault weapon[,]/ [and] .50 BMG rifle) (is/are)

defined in another instruction to which you should refer.]

New January 2006; Revised June 2007, August 2009, October 2010, February 2012,

February 2013, August 2013, September 2019, September 2020, March 2022,

February 2025, October 2025