A felony conviction can carry additional penalties if sentencing enhancements apply. One such enhancement is for Great Bodily Injury or “GBI” under California Penal Code § 12022.7. This enhancement can add three to six years to a prison sentence, depending on the severity of the harm caused.
It’s important to understand what a GBI charge means, as it can greatly affect sentencing. This enhancement increases prison time and can also turn the sentence into a strike under California’s Three Strikes Law, leading to more severe consequences in the future.
Our team can connect you with Los Angeles DUI lawyers who can provide clear guidance if you or a loved one faces charges involving GBI. Let us help you explore your options and protect your future.
What’s a GBI Charge?
A Great Bodily Injury (GBI) charge is an enhancement that increases penalties for certain felony crimes, including some DUIs. It adds additional years to the base sentence and does not apply to misdemeanors or cases where the injured party was an accomplice.
GBI enhancements must be served consecutively, meaning the extra time is added to the original sentence rather than served concurrently. This significantly extends the overall punishment.
Understanding how DUI enhancements work is critical for addressing charges involving GBI. These charges can carry severe consequences and require careful legal consideration.
Factors Influencing GBI Sentencing
The length of a GBI enhancement sentence depends on specific circumstances, including:
- Victim’s age: For victims aged 70 or older, the enhancement adds five years. For victims under five, it adds four, five, or six years.
- Injury severity: If the injury renders a victim unconscious or results in paralysis, the enhancement adds three years.
- Domestic violence: Crimes involving domestic violence that result in injury carry an additional three, four, or five years.
GBI enhancements are outlined under California penal codes, which limit the discretion of judges and juries in these cases.
A GBI enhancement can significantly impact your case, adding substantial time to your sentence. Consulting with a skilled DUI lawyer can provide support and help you understand the options available for your defense.
Crimes that May Include a Great Bodily Injury Enhancement
Bodily injury enhancements are not applied to every felony offense. Crimes such as arson, murder, and manslaughter are excluded. However, many other felonies can include this enhancement if significant physical harm occurs.
Felonies where the GBI enhancement may apply include:
- Assault with a deadly weapon
- Felony DUI
- Child or elder abuse
- Domestic violence
- Battery
- Certain sex crimes
If you or a loved one is facing a felony offense involving potential GBI charges, it’s important to understand how these enhancements could impact your case. We are ready to help you review your options and connect you with a solid team to build a strong defense.
Understanding “Great Bodily Injury” Versus “Serious Bodily Injury”
In California law, great bodily injury (GBI) and serious bodily injury differ significantly:
- Serious bodily injury: Moderate harm, like a mild concussion or brief loss of consciousness, often not requiring medical attention.
- Great bodily injury (GBI): Severe harm leading to significant physical injury or impairment.
Judges and juries determine whether an injury qualifies as serious or great bodily injury. If classified as a bodily injury enhancement, it can add significant jail time to a felony charge.
Consulting a criminal defense attorney helps you understand these classifications and how they may impact your case. Proper guidance is key to navigating these serious charges.
Examples of Great Bodily Injury
Great bodily injury refers to severe physical harm that significantly impacts a person’s well-being. Common examples of injuries classified as GBI include:
- Broken bones or fractures that require medical treatment
- Brain injuries, such as trauma causing long-term impairment
- Severe burns that lead to lasting damage
- Permanent disability or significant loss of bodily function
- Lacerations or injuries causing substantial bleeding
If you or someone you know faces charges involving GBI, it’s important to act quickly. These cases carry serious consequences, and seeking legal guidance can help protect your rights.
How does Great Bodily Injury Impact a DUI Case?
A GBI allegation can significantly escalate the consequences of a DUI charge. Here are three key ways it affects a case:
- If charged with DUI Causing Injury, and the injury qualifies as GBI, the charge will likely be a felony rather than a misdemeanor. This means facing up to three years in prison instead of up to one year in jail.
- For a felony DUI Causing Injury, an additional six years of prison time may apply for each additional victim who suffers GBI.
- In cases where the DUI results in a death, up to six years of additional prison time can still be imposed for each surviving victim with GBI.
GBI is one of the most serious factors that can increase sentencing in a DUI case. If you’re facing these charges, legal representation is essential to addressing the potential consequences.
Defending Against a Bodily Injury Allegation
When facing a great bodily injury allegation, your defense strategy will depend on the specifics of your case. A skilled attorney will assess your situation to identify the most effective arguments. These often focus on challenging the severity of the injury or your involvement.
Common defenses include:
- Arguing the injury was minor or moderate, not meeting the threshold for “great bodily injury”
- Demonstrating that you did not cause the injury
- Showing that no felony offense was committed or attempted
- Establishing that the enhancement does not apply to the specific charges
- Proving you acted in self-defense
With GBI allegations leading to additional punishment, having a thoughtful and personalized defense can make a significant difference in your case. Our team is here to help you address these charges and protect your future.
Contact Los Angeles DUI Attorney for Help Today
Facing a Great Bodily Injury (GBI) allegation can have serious consequences, especially when linked to a DUI offense. Understanding what a GBI charge is and how it affects your case is an important first step in building your defense.
At Los Angeles DUI Attorney, we connect clients facing GBI enhancements in DUI cases with a skilled team of lawyers who will fight for you. These legal professionals understand the challenges of these charges and work to develop effective defense strategies tailored to your case.
If you’re accused of causing bodily harm in a DUI case, Los Angeles DUI Attorney can connect you with the right legal team. Contact us today to take the next steps in protecting your rights and building a strong defense.
