2. The bullet diameter for the cartridge is from .510 to, and
including, .511 inch;
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
The court has a sua sponte duty to give an instruction deﬁning the elements of the
If there is sufficient evidence of self-defense or defense of another, the court has a
sua sponte duty to instruct on the defense. Give bracketed element 4 and any
appropriate defense instructions. (See CALCRIM Nos. 3470–3477.)
Give element 1A if it is alleged the assault was committed with a deadly weapon
other than a ﬁrearm, ﬁrearm, semiautomatic ﬁrearm, machine gun, an assault
weapon, or .50 BMG riﬂe. Give element 1B if it is alleged that the assault was
committed with force likely to produce great bodily injury. (See Pen. Code,
Give the bracketed deﬁnition of “application or force and apply force” on request.
Give the relevant bracketed deﬁnitions unless the court has already given the
deﬁnition in other instructions. In such cases, the court may give the bracketed
sentence stating that the term is deﬁned elsewhere.
Do not give an attempt instruction in conjunction with this instruction. There is no
crime of “attempted assault” in California. (In re James M. (1973) 9 Cal.3d 517,
519 [108 Cal.Rptr. 89, 510 P.2d 33].)
If the charging document names more than one victim, modiﬁcation of this
instruction may be necessary to clarify that each victim must have been subject to
the application of force. (People v. Velasquez (2012) 211 Cal.App.4th 1170,
1176–1177 [150 Cal.Rptr.3d 612].)
• Elements. Pen. Code, §§ 240, 245(a)(1)–(3) & (b).
•To Have Present Ability to Inﬂict Injury, Gun Must Be Loaded Unless Used as
Club or Bludgeon. People v. Rodriguez (1999) 20 Cal.4th 1, 11, fn. 3 [82
Cal.Rptr.2d 413, 971 P.2d 618].
CALCRIM No. 875 ASSAULTIVE AND BATTERY CRIMES