I am being charged with felony assault under penal code 245(a)(1) in California. Is this charge a “strike”?

Penal code section 245(a)(1) is one of the most confusing penal code sections in California. That is because it can be a strike offense or a non-strike offense depending on how the district attorney charges the case. If you are accused of using a deadly weapon or causing great bodily injury to a victim in the course of a 245(a)(1) offense then it is charged as a strike offense and you could potentially go to prison. If you are accused of using “force likely” to cause great bodily injury as a felony but did not use a deadly weapon or actually cause great bodily injury then it is not a “strike” offense although it can still carry serious consequences and significant jail time. Due to the severity of this offense and it’s confusing nature it would be wise to consult with a knowledgeable criminal defense firm if you are facing this charge.