California Penal Code § 12022.7 (PC 12022.7) Great Bodily Injury is a sentencing enhancement statute that imposes an additional prison term on individuals convicted of certain felonies if they personally inflict “great bodily injury” (GBI) upon another person during the commission of the crime. This enhancement aims to hold offenders accountable for causing significant harm beyond the inherent risks of the underlying felony.
What Is “Great Bodily Injury”?
Under PC 12022.7(f), “great bodily injury” is defined as “a significant or substantial physical injury.” This definition excludes minor or moderate injuries and emphasizes that the harm must be more severe than what would typically result from the felony itself.
Examples of injuries that may qualify as great bodily injury include:
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Broken bones
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Gunshot wounds
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Serious burns or scalds
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Concussions
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Loss of consciousness
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Paralysis
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Severe lacerations or abrasions
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Internal injuries requiring surgical intervention
It’s important to note that emotional distress, financial losses, or minor injuries do not meet the threshold for great bodily injuryI under this statute.
How Is Great Bodily Injury Determined?
Determining whether an injury constitutes great bodily injury is a factual question for the jury to decide, based on the evidence presented during the trial. Factors considered include:
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The severity and extent of the injury
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The need for immediate medical attention
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The duration of the injury’s impact
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The victim’s pain and suffering
Application of the Enhancement
PC 12022.7 applies only to felony offenses, not misdemeanors. The enhancement is added to the base sentence if the defendant is convicted of a felony and the jury finds that great bodily Injury was personally inflicted during the commission of the crime.
Crimes that may be subject to the great bodily injury enhancement include:
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Assault with a deadly weapon (Penal Code § 245)
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Battery causing serious bodily injury (Penal Code § 243(d))
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Domestic violence (Penal Code § 273.5)
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Child abuse (Penal Code § 273d)
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Elder abuse (Penal Code § 368)
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Felony DUI causing injury (Vehicle Code § 23153)
However, certain offenses are excluded from the great bodily injury enhancement:
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Murder and manslaughter (PC 12022.7(g) prohibits the enhancement for these crimes)
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Crimes where GBI is an inherent element (e.g., certain sex offenses under Penal Code § 220)
Limitations and Exclusions
While PC 12022.7 serves to increase penalties for those who cause significant harm during the commission of a felony, there are specific limitations:
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Murder and Manslaughter: The enhancement does not apply to convictions for murder or manslaughter.
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Inherent Elements: If the underlying felony already includes great bodily injury as an element, the enhancement is not applicable. For instance, certain sex crimes under Penal Code § 220 inherently involve Great Bodily Injury.
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Misdemeanors: The enhancement is not applicable to misdemeanor offenses.
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Accomplices: Individuals who aid, abet, or direct another to inflict injury are not subject to the GBI enhancement unless they personally inflict the injury themselves.
Sentencing and Legal Implications
If a defendant is convicted of a felony and the jury finds that great bodily injury was personally inflicted, the court imposes an additional and consecutive term of three years in prison. This enhancement is added to the base sentence for the underlying felony.
For example, if an individual is convicted of assault with a deadly weapon (Penal Code § 245) and the jury finds that GBI was inflicted, the defendant may face the base sentence for the assault charge plus an additional three years for the great bodily injury enhancement.
It’s important to note that the great bodily injury enhancement is not a separate offense but an enhancement to the sentence for the underlying felony. Therefore, it does not constitute double jeopardy or violate constitutional protections against multiple punishments.
Legal Defense Strategies
Defendants facing a great bodily injury enhancement under PC 12022.7 may consider several defense strategies:
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Challenging the Severity of the Injury: Argue that the injury does not meet the statutory definition of GBI.
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Disputing Personal Infliction: Contend that the defendant did not personally inflict the injury.
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Questioning Causation: Assert that the injury was not a direct result of the defendant’s actions.
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Negotiating Plea Deals: In some cases, negotiating a plea agreement may result in reduced charges or sentences.
It’s crucial for defendants to consult with experienced criminal defense attorneys to assess the best course of action based on the specifics of their case.
Conclusion
California Penal Code § 12022.7 serves as a significant tool in the state’s criminal justice system, ensuring that individuals who cause substantial harm during the commission of a felony are held accountable through enhanced sentencing. Understanding the nuances of what constitutes “great bodily injury,” how it is determined, and the limitations of the enhancement is essential for both legal professionals and the public. As case law continues to evolve, staying informed about the latest developments in the application of PC 12022.7 is crucial for navigating California’s legal landscape.
