Great Bodily Injury Enhancement in CA - Penal Code 12022.7 PC

California Penal Code 12022.7 PC increases the punishment for felonies where the defendant personally causes "great bodily injury" (GBI). This results in an additional consecutive prison sentence of three to six years, in addition to the original felony sentence.

GBI refers to a serious or significant physical injury, like a broken bone or gunshot wound, assessed individually by a judge or jury. It should also be noted that causing great bodily injury (GBI) to another person is not a crime by itself but a sentencing enhancement.

If the prosecutor can prove a GBI enhancement, you may face an additional 3 to 6 years in a California state prison on top of the sentence for the underlying crime.

A great bodily injury doesn't need to be permanent. Whether an injury qualifies as a GBI is usually assessed on a case-by-case basis. Typical factors include the level of pain and the need for medical treatment. In essence, the definition of GBI is broad and somewhat vague, leaving it to a jury to determine.

An example of a PC 12022.7 GBI enhancement involves domestic violence charges. For example, PC 273.5, which covers corporal injury on a spouse, is often charged alongside GBI allegations. If your spouse sustained serious injuries—such as a broken bone or injuries requiring medical care—this situation qualifies as a sentencing enhancement.

Key Takeaways

  • California Penal Code 12022.7 outlines a great bodily injury enhancement, meaning that a conviction for a felony crime could lead to additional penalties.
  • It is important to note that the prosecutor must assert this sentencing enhancement, which generally applies when you are accused of causing great bodily injury during the commission of a felony or in an attempt to commit one.
  • Anyone who causes serious bodily injury to another person, who is not an accomplice, during the commission or attempt of a felony, will face an additional three-year prison sentence served consecutively.
  • A "great bodily injury" refers to a significant physical harm, such as serious bruising, wounds, concussions, broken bones, or other severe injuries. It does not include injuries caused to oneself or an accomplice involved in the crime.
  • A GBI enhancement is only relevant if the injury is more serious than what would typically occur from the underlying crime. PC 12022.8 specifies what constitutes a great bodily injury in the context of certain sex offenses.
  • Anyone who causes great bodily injury under Penal Code 12022.7 to a victim and commits violations of Penal Code 220 involving sexual offenses—such as rape, sodomy, child molestation, or oral copulation by force, violence, duress, or fear of unlawful harm—will face an additional five-year sentence for each offense.

When a GBI Enhancement Is Not Applicable

There are numerous situations in which the Penal Code Section 12022.7 great bodily injury (GBI) sentencing enhancement would not be applicable. The GBI enhancement is only relevant if you are charged with a felony; misdemeanor charges do not qualify. Therefore, the GBI enhancement would NOT be applicable in these scenarios:

  • The victim sustained only minor or moderate injuries.
  • You were not committing a felony, nor were you attempting to.
  • You are not responsible for causing the injury yourself.
  • You were accused of violating PC 187, either for murder or attempted murder.
  • You have been charged with a VC 20001 felony hit and run.
  • The underlying crime involves an element of great bodily injury.
  • A car accident involving DUI and GBI, but the individual would likely face similar charges.

Underlying Offenses Supporting GBI Enhancement

As mentioned, a great bodily injury enhancement is applicable only when the victim's injuries are more serious than what would typically result from the underlying crime, such as these California offenses:

Enhancement of Sentencing for Great Bodily Injury

California Penal Code 12022.7 applies only if you were committing or attempting to commit a felony. The standard punishment adds an extra 3 years in California state prison, but note the word "additional."

Enhancement of Sentencing for Great Bodily Injury

This means it increases your sentence for the underlying felony, and that the sentence is served consecutively. There are various scenarios in which you could face an increase beyond the default three-year limit.

For instance, you could face an extra five years in prison consecutively for a felony that results in serious GBI, like complete motor function loss or paralysis.

If the victim is over 70, an additional five consecutive years are also added. For victims under 5, or those who are victims of domestic violence or sex crimes, an extra 4, 5, or 6 years can be added consecutively.

Under California's three strikes law, a great bodily injury enhancement not only counts as a 'strike' on your criminal record but also could lead to an additional 3 to 6 years in California state prison, consecutively. This law is designed to impose harsher penalties on repeat offenders, making it crucial to mount a strong defense against any GBI enhancement allegations.

The Importance of Legal Counsel in GBI Cases

The above overview highlights that California Penal Code 12022.7's great bodily injury sentencing enhancement is a serious matter with life-changing consequences.

If you've been accused of committing a serious felony that could make you eligible for a GBI enhancement, it's advisable to consult our California criminal defense attorneys. We can review your case details, assess the evidence, and explore your options. Our expertise can be invaluable in navigating the complexities of the legal system and ensuring your rights are protected.

Based on your specific situation, we can develop a strategy to achieve the best possible outcome. For more information, contact the criminal defense lawyers at the Hedding Law Firm in Los Angeles. If you're facing a GBI enhancement, don't wait to start building your defense.

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