In California, a Great Bodily Injury (GBI) enhancement is a significant factor in criminal cases, often leading to more severe penalties for those convicted of violent crimes. Under California Penal Code Section 12022.7, an additional punishment is imposed if the prosecution can prove that the defendant caused serious injury to another person during the commission of a felony.
At KN Law Firm, located in Glendale, California, we provide dedicated legal defense to individuals charged with crimes involving GBI in Los Angeles and surrounding areas. If you’re facing such charges, contact us at (888) 950-0011 for a free consultation. We are available 24/7 to help you understand your rights and defense options.
What is Considered Great Bodily Injury?
Great Bodily Injury is defined as significant or substantial physical harm that goes beyond minor or moderate injuries. It is an injury that is more serious than bruises or small cuts, though it doesn’t have to be life-threatening. Examples of injuries that may be classified as GBI include:
- Broken bones or fractures
- Deep lacerations requiring stitches
- Severe burns
- Loss of consciousness
- Permanent disfigurement or impairment
GBI can be charged as an enhancement to many types of felonies, including assault, battery, robbery, and domestic violence. The prosecution must prove that the injury inflicted was not just a part of the crime, but that it significantly escalated the harm caused to the victim.
Consequences of a GBI Enhancement
If you are convicted of a felony with a GBI enhancement, you face additional penalties on top of the base sentence for the felony. These additional punishments include:
- Three years added to your sentence for causing GBI
- Five years if the victim is over the age of 70
- Four to six years if the victim is under the age of five
For example, if you are convicted of felony assault and the victim suffers GBI, your prison sentence could be extended by up to three years due to the enhancement. This time must typically be served consecutively to any other prison sentence.
Additionally, a GBI enhancement makes the defendant ineligible for probation in most cases and extends the amount of time they must serve in state prison before being eligible for parole.
Defenses Against a GBI Enhancement
Facing a GBI enhancement can be daunting, but there are several legal defenses that may help reduce or eliminate the added penalty. Some of the most common defenses include:
- The Injury Was Not Severe Enough: The defense can argue that the injuries sustained by the victim do not meet the legal definition of GBI, meaning they were not substantial or significant.
- Involuntary or Accidental Injury: If the injury was accidental or unintentional, this may be a strong defense against the GBI charge.
- Self-Defense: If you caused harm while defending yourself or another person from an immediate threat, this could justify your actions and lead to a reduction in charges.
FAQs About Great Bodily Injury in California
1. Can I get probation if I’m convicted of a crime with a GBI enhancement?
In most cases, a GBI enhancement makes the defendant ineligible for probation. However, the court may grant probation in very limited circumstances, depending on the facts of the case and the defendant’s criminal history.
2. Is a GBI enhancement always added to a felony charge?
No. The prosecution must prove beyond a reasonable doubt that the defendant caused significant physical harm that qualifies as GBI. If the injuries are less severe, the enhancement may not apply.
3. Can a GBI enhancement be added to a misdemeanor?
No, a GBI enhancement can only be added to felony charges. However, some misdemeanors can be “wobblers” (offenses that can be charged as either a misdemeanor or a felony), and in such cases, the enhancement may apply if the charge is elevated to a felony.
Why You Need an Experienced Defense Attorney
If you are facing charges that involve a GBI enhancement, the stakes are high. The additional prison time and the inability to qualify for probation can significantly impact your future. At KN Law Firm, our experienced defense attorneys understand how to challenge GBI allegations and work to minimize the consequences for our clients. Whether through negotiations, fighting the charges in court, or exploring alternative sentencing options, we are committed to achieving the best possible outcome for your case.
Contact KN Law Firm for Immediate Assistance
If you have been charged with a felony and are facing a Great Bodily Injury (GBI) enhancement, it’s critical to act quickly. KN Law Firm in Glendale, California is here to provide the legal support you need. With years of experience defending clients throughout Los Angeles and surrounding cities, our attorneys are ready to craft a strategic defense tailored to your case.
We offer free consultations and are available 24/7. Call us at (888) 950-0011 to discuss your legal options today. Let us help you fight for your rights and protect your future.