A great bodily injury sentencing enhancement, as outlined in California Penal Code Section 12022.7, is a potential consequence of a felony conviction. It's important to understand that this additional punishment is not automatic. The prosecutor, in their role of upholding the law, is the one who alleges a sentencing enhancement for inflicting great bodily injury during the commission of a felony or an attempt to commit a felony offense.
It's crucial to understand that causing great bodily injury to someone isn't a crime in itself, but rather a sentencing enhancement. If the prosecutor can prove the GBI enhancement, you could face a significant add.
For instance, in a case of assault, the jury might consider the severity of the victim's injuries and whether they required medical attention to determine if a GBI occurred. Additional punishment, consecutive three to six years in a California state prison, on top of your underlying sentence. This underscores the potential severity of the situation and the critical need for a robust legal defense.
Unlike other sentencing enhancement laws in California, the enhancement for causing great bodily injury (GBI) is relatively straightforward, providing a clear understanding of its application. This clarity can provide reassurance in navigating the legal process.
What is a Great Bodily Injury?
The term “great bodily injury” is used as a legal term that simply means there were significant physical injuries and does not include any emotional or financial harm.
It should be noted that a GBI doesn't have to be permanent, and what exactly constitutes a great bodily injury is normally decided on a case-by-case basis. However, the typical factors include the exact severity and pain of the injury, as well as whether medical attention was required.
As you can see, the definition of a GBI is broad and often vague, adding a layer of complexity to its interpretation and application. In most cases, it is the jury that ultimately decides whether an injury qualifies as a GBI, based on the evidence presented in each case.
A common scenario in which Penal Code 12022.7 great bodily injury enhancement would apply includes domestic violence-related offenses.
For example, corporal injury to a spouse under California Penal Code Section 273.5 is often charged when there is great bodily injury. If you cause a significant injury to your spouse, such as a broken bone or any injury requiring medical treatment, this could qualify as a sentencing enhancement under California Penal Code Section 12022.7.
If you have been accused of causing great bodily injury during the commission of a crime, it's crucial to seek legal advice. Contact the Los Angeles criminal defense attorneys at Eisner Gorin LLP to review the specific details of your case.
Definition of GBI Enhancement
California Penal Code Section 12022.7 legally describes the great bodily injury sentencing enhancement as "(a) Anyone who personally inflicts great bodily injury on someone other than an accomplice while committing or attempting to commit a felony offense shall be punished by an additional and consecutive term of imprisonment for three years."
Subsection (f) defines a “great bodily injury” as a substantial physical injury. Common examples of what type of injuries would qualify as a GBI include the following:
- broken bones,
- gunshot wounds,
- concussion,
- wound requiring stitches,
- dog bites, and
- black eye.
It should be noted that causing a significant injury to yourself or an accomplice to your crime does not qualify for a sentencing enhancement. Additionally, a GBI enhancement will only apply if the injury is more severe than the injury that would have normally resulted from the underlying offense.
Sexual Crimes for GBI Enhancement
California Penal Code Section 12022.8 covers great bodily injury resulting from specific sex crimes. It's legally described as "Anyone who inflicts great bodily injury defined in Penal Code Section 12022.7 on a victim violating California Penal Code Section 220 that involves a specific sexual offenses such as rape, sodomy, child molestation, oral copulation by force, violence, duress, or fear of immediate and unlawful bodily injury on the victim shall receive an additional five-year sentencing enhancement for each violation"
An example under this statute includes vaginal soreness resulting from a rape, spreading a sexually transmitted disease, getting the victim pregnant, among other GBI's sustained during the commission of a sex crime.
When Does a GBI Not Apply?
There are several instances where a great bodily injury sentencing enhancement under California Penal Code Section 12022.7 would not apply. It's important to note that a GBI enhancement only applies to felony charges.
Any misdemeanor charge would not be eligible for an enhancement. An enhancement would not be applicable under the following situations:
- You didn't personally inflict great bodily injury on someone else;
- You weren't in the commission of a felony offense, or an attempt;
- The victim only sustained minor or moderate injuries;
- You are charged with hit & run under California Vehicle Code 20001;
- You are charged with murder or manslaughter;
- If the underlying offense contains an element of “great bodily injury.”
Another example where you would not face a GBI sentencing enhancement includes a situation where someone suffers great bodily injury due to a DUI car accident.
However, you could face a conviction for driving under the influence, causing injury under California Vehicle Code 23153.
Related Underlying Offenses
As stated above, a great bodily injury enhancement will only apply if the injuries are more severe than an injury that would have normally resulted from the underlying offense. For example:
- California Penal Code Section 273.5 - Corporal Injury on Spousal,
- California Penal Code Section 273d - Child Abuse,
- California Penal Code Section 368 - Elder Abuse,
- California Penal Code Section 242 - Battery,
- California Penal Code Section 245(a)(1) – Assault with Deadly Weapon.
Sentencing Enhancement for GBI
As stated above, this enhancement under California Penal Code Section 12022.7 will apply if you cause “great bodily injury” to someone while committing, or attempting to commit, a felony crime.
The typical sentencing enhancement for GBI is an additional 3 years in a California state prison. The key word here is “additional,” as it adds to your sentencing for the underlying felony conviction.
This additional sentence runs consecutively to that sentence, meaning it starts after the completion of your underlying sentence, effectively extending your total imprisonment period. This additional sentence runs consecutively to that sentence. However, there are other situations where you could face even more time than the standard 3 years. For example:
- Severe Injuries. You could face an additional punishment of five consecutive years in a California state prison for a felony offense that caused a GBI if the victim sustains complete loss of motor function from an injury to their nervous system or muscular mechanism, such as paralysis.
- Victim over 70 Years Old. You could also face an additional punishment of five consecutive years in a California state prison for a felony crime causing great bodily injury when the victim is over 70 years old.
- Victim less than 5 Years Old. You could face an additional 4, 5, or 6 consecutive years in state prison for a felony crime causing GBI when the victim is less than 5 years old, or for cases involving domestic violence or a sexual related crime.
- Three Strikes. Finally, under California's three-strikes law, a great bodily injury enhancement will not only count as a strike on your criminal record, but it could also subject you to an additional and consecutive 3 to 6 years in state prison.
You can clearly see from the information above that a conviction for a GBI sentencing enhancement under California Penal Code Section 12022.7 can result in serious and life-changing legal consequences.
Suppose you have been accused of a serious crime that may involve an enhancement. In that case, you should contact our Los Angeles criminal defense attorneys at Eisner Gorin LLP to review the details of your case and begin planning a defense strategy.
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