Great Bodily Injury (GBI), defined under California Penal Code 12022.7, is a sentencing enhancement for certain felony crimes for causing someone else great harm. It allows the judge or jury to add three to six years of jail time to the perpetrator’s sentence. It also adds a strike under the Three Strikes Law.
For example, if someone commits a felony DUI and also causes someone great bodily injury as defined in the law, the perpetrator would receive a starting sentence and then get years added on top because of great bodily harm. It “enhances” or increases the severity of the sentence.
Los Angeles DUI Lawyer can work to help you avoid those extra years behind bars and ensure your fair treatment by the California criminal justice system. We can connect you with a DUI attorney in your area. Call us immediately for legal advice.
Great Bodily Injury Is a Sentencing Enhancement
GBI is a sentencing enhancement applicable to certain felony crimes. It does not apply to misdemeanor offenses. It is also not applicable if the injured party is an accomplice in the felony’s commission.
Sentencing enhancements are served consecutively, and they are served once the original felony’s sentence is completed. Sometimes, jail time for multiple crimes is combined to make a concurrent sentence, but that is not possible with Great Bodily Injury.
Sometimes, the judge and jury are constrained in how much leeway they can give a convicted felon with an enhancement charge. Factors determining the length of the enhancement sentence include:
- The Victim’s Age: The sentence is five years for victims 70 or older. For victims under five, the sentence can be four, five, or six years.
- The Severity of the Injury: The sentence is three years if victims are rendered unconscious or paralyzed.
- A Domestic Violence Classification: If victims are injured during a crime of domestic violence, the sentence is three, four, or five years.
Speak with a DUI lawyer in Los Angeles, CA, about your situation. A GBI enhancement can make your case difficult to win, but working with an experienced criminal defense attorney can make a world of difference.
Determining What Counts as a Great Bodily Injury
PC 12022.7(f) defines “great bodily injury” as “a significant or substantial physical injury.” Emotional wounds or financial injuries do not fall under the GBI classification, nor do minor or moderate physical injuries or pregnancies caused by a rape. Injuries do not have to be permanent to count as GBI.
Determining whether an injury should be classified as “great” is up to the judge and jury involved in the case. These parties are most likely to consider the severity of the injury, the physical pain caused to the victim, and whether the injury demanded immediate medical intervention. Injuries that often prompt a GBI enhancement include:
- Dog Bites
- Broken bones
- Blistering and Serious Burns
- Those with swelling, discoloration, and bruising
- Serious abrasions
- Gunshot wounds
- Vaginal trauma
- Brain trauma
- Paralysis
- Loss of motor function
Crimes Allowing for the Great Bodily Injury Enhancement
The GBI enhancement does not apply to all felonies. For example, the enhancement is not an option for arson, murder, and manslaughter. Felonies for which the enhancement can apply include:
- Assault with a Deadly Weapon
- Child Abuse
- Elder Abuse
- Felony DUI
- Domestic Violence
- Battery
- Sex crimes (with exceptions)
Examples of GBI Enhancement Applications
Examples of GBI Enhancement Applications include:
- Domestic Violence: During a domestic violence dispute, the victim suffered a serious concussion, strangulation, a swollen, blackened eye, or other injury requiring medical attention. In these cases, the enhancement will probably apply.
- Elder Abuse: A nursing home attendant restrains patients using painfully tight devices. The restraints cause severe pain to the victim and produce significant bruising and lacerations.
The Difference Between “Great Bodily Injury” and “Serious Bodily Injury” in California Law
There is a lower standard for serious bodily injury classification than for a GBI. A serious bodily injury causes a physical impairment but does not always warrant medical attention. GBIs are more extreme, and serious bodily injuries are more moderate, such as mild concussions or brief losses of consciousness.
Since serious bodily injury and GBI determinations are left to judges and juries, these parties decide if an injury rises to great bodily injury and triggers additional jail time.
Why You Need a Lawyer When Facing Great Bodily Harm Charges under CA Penal Code 12022.7
Securing legal representation from a criminal defense attorney is vital when facing any criminal charge. If you have prior felony convictions, representation is even more crucial.
Under California’s Three Strikes Sentencing Law, defendants in felony cases receive much more severe sentences if they have prior convictions for serious or violent felonies. One prior conviction can add five years or more to a second offense conviction. Two prior convictions can yield a sentence of 25 years to life in prison, and GBI felony offenses count as strikes.
To protect yourself against potentially lifelong consequences, you must have a skilled criminal defense lawyer who will work to reduce your charges. If your GBI enhancement is related to a DUI case, contact a DUI attorney in Los Angeles, CA, today through us to build your defense.
How to Defend Against Great Bodily Injury Enhancements
After reviewing your case, your lawyer will determine the best approach to defending against the GBI enhancement. Though every case is unique, your lawyer may issue one or more of the following arguments:
- The victim’s injury was minor or moderate and is neither substantial nor significant enough to meet the threshold for “great.”
- You did not inflict the victim’s injury.
- You were not committing, or attempting to commit, a felony offense.
- The GBI enhancement does not apply to the felony charges you face.
- You were acting in self-defense.
A Criminal Defense Lawyer Can Make All the Difference
Felony charges are serious, especially those with the potential for a GBI enhancement under CA Penal Code 12022.7. The jail time for great bodily injury will rob you of more years and could trigger California’s Three Strikes Law that could put you in prison for life.
Protect those years, your financial stability, and your time with loved ones through the expertise of a Los Angeles DUI lawyer. We encourage you to reach out through our contact page and schedule your free consultation with a criminal defense attorney as soon as possible.