Great Bodily InjuryCalifornia Penal Code Section P.C. 12022.7
What is a GBI or Great Bodily Injury in California?
In California, individuals convicted of felony offenses may face additional sentencing enhancements that increase the duration of their prison terms. One of the most prevalent enhancements is for inflicting great bodily injury (GBI), as stipulated under Penal Code § 12022.7. This enhancement can extend a person’s prison sentence by an additional three to six years. Moreover, the GBI enhancement automatically categorizes the underlying offense as a strike under California’s Three Strikes Law, significantly amplifying the time served. Because of how serious the penalties for the GBI sentencing enhancement are, anyone charged with with a felony and a GBI enhancement in California should seek attorneys like the Law Firm of Gomez, Radford, & Rome who have extensive experience handling these cases right away.
Great Bodily Injury (GBI) Defined:
Basically, to apply the GBI enhancement, the prosecution must prove that the alleged victim sustained significant physical harm, exceeding ordinary bodily injury.
For instance, hitting someone with a baseball bat constitutes assault with a deadly weapon under Penal Code § 245(a)(1). However, if someone’s bone breaks or they lose consciousness as a result of the attack, the prosecution can file a GBI enhancement, adding three to six years to the sentence for the assault with a deadly weapon charge (see below for the specific term of years that would be added depending on the circumstances).
The jury instructions for a GBI enhancement require jurors to determine whether the defendant personally inflicted great bodily injury during the commission or attempted commission of the crime. The burden of proof lies with the prosecution, which must demonstrate beyond a reasonable doubt that the injury was significant or substantial, exceeding minor or moderate harm. Injuries qualifying as GBI typically include broken bones (most common and easiest to prove), loss of consciousness, concussions, burns, and lacerations requiring stitches or other medical treatment. Conversely, minor lacerations not needing medical attention, emotional damage, or mere redness and soreness do not meet the GBI criteria.
Penalties and Consequences
The GBI enhancement increases the underlying sentence by three to six years, depending on specific circumstances. According to Penal Code § 12022.7(a), the default additional term is three years. If the victim suffers paralysis or becomes comatose due to a brain injury, the term increases to five years under Penal Code § 12022.7(b). In cases involving domestic violence, the enhancement adds up to five years to the sentence. Additionally, the GBI enhancement ensures the crime is classified as a “strike,” even if the underlying conviction was for a non-strike offense.
According to California Penal Code § 12022.7:
- Subsection (a): Inflicting GBI on someone other than an accomplice during a felony or attempted felony results in an additional three-year prison term.
- Subsection (b): If the GBI causes the victim to become comatose or suffer permanent paralysis, the additional term is five years.
- Subsection (c): Inflicting GBI on a person aged 70 or older carries a five-year enhancement.
- Subsection (d): Inflicting GBI on a child under five years old results in an additional four to six years in prison.
- Subsection (e): Under circumstances involving domestic violence, the enhancement ranges from three to five years.
- Subsection (f): Defines GBI as significant or substantial physical injury.
- Subsection (g): Excludes application to murder, manslaughter, or arson-related offenses where GBI is a component of the crime.
Related Cases
- Assault with a Deadly Weapon, Penal Code Section 245(a)(1)
- Domestic Violence as Defined by Penal Code Section 243
- Domestic Violence as Defined by Penal Code Section 273.5
Hire Gomez, Radford, & Rome if you’re alleged to have inflicted GBI as defined California P.C. 12022.7
Being charged with a sentencing enhancement like the one for inflicting great bodily injury is extremely difficult. The consequences of a conviction can be extremely serious. Given the complexities and severe penalties associated with GBI enhancements, it is crucial for individuals accused of such crimes to seek expert legal advice. The attorneys at Gomez, Radford, & Rome (Los Angeles Criminal Defense Attorneys) possess extensive experience as former prosecutors with a proven record of success. They offer free consultations to help navigate the intricacies of these charges and provide robust defense strategies tailored to each case.Our attorneys are all former prosecutors with a wealth of experience in handling these and other serious felony charges. Don’t wait, visit our office or call today for a free consultation.