Great Great Bodily Injury Enhancement - Penal Code 12022.7 PC
This whole concept of great bodily injury is a real problem when it comes to criminal cases in Los Angeles. First, if you're charged with it and it's pled and proven against you in a jury trial or you admit to it through plea negotiation, you're facing three years in prison just for the enhancement alone.
Never mind what you could get for the underlying offense. That's where it might get a little bit confusing for some people. Under California Penal Code Section 12022.7, the great bodily injury allegation allegation is not a charge.
It's a special allegation that goes along with a charge. In other words, you're driving DUI, for example. If you hit somebody and severely injure them, then they would charge you with felony DUI, and you'd also have a great bodily injury allegation. There are a lot of other examples of it.
Another significant factor in these GBI or great bodily injury cases is that they make any felony case a strike.
So, if you plead guilty to a crime that usually wouldn't be a strike and the felony DUI example is a perfect example, and you admit that you caused great bodily injury to the victim, that would then make the felony DUI a strike. You will have the strike for the rest of your life. So, these great bodily injury cases are severe.
Negotiation with Prosecutor
Many people ask me how I can get out of doing that three years. I don't want to do three years in prison. One way is to get them to strike the great bodily injury allegation so you don't admit it, and then you wouldn't have to do the three years.
Another way to potentially avoid the three-year sentence is through negotiation. If we can convince the prosecutor and the judge that even though you're going to admit the great bodily injury allegation, they stay the three-year sentence and don't give it to you, that's a significant win. It's another possibility that I've seen work, providing hope and empowerment in a challenging situation.
Now, another question that always comes up is, what constitutes great bodily injury? In other words, what's the difference between just an injury or a severe injury versus a great bodily injury? That is a very nebulous thing.
All you can do is think of examples. A lot of times, I'm arguing with prosecutors, and other attorneys are arguing with prosecutors, saying the injury to that alleged victim there is not great ‘bodily injury, but certainly, if somebody has a broken bone, that's going to be a great bodily injury typically.
If someone is disfigured in some way, it's going to have to be a significant injury. As I said, arguments can exist over whether something is a great bodily injury (GBI). It can be argued before a jury; ultimately, a jury can decide whether it's GBI.
Another important concept in criminal defense is the idea of proximate cause. This is a defense to causing great bodily injury to somebody, asserting that you're not the one who caused the injury. Understanding these legal concepts can make you feel more informed and prepared for your defense.
So, if there's an argument that you did not inflict it, or somebody else inflicted or even the alleged victim inflicted it upon themselves, then you could potentially have a defense to this great bodily injury allegation.
So, you can see that there's a lot at stake when it comes to GBI or great bodily injury allegations in Los Angeles. Your best bet is to sit down with a California criminal defense lawyer, somebody like me. We go over the case.
We will figure out your best strategy moving forward so that you can try to avoid the harsh penalties that come along with a great bodily injury allegation. Having a knowledgeable and experienced legal advisor by your side can provide reassurance and support during this challenging time.
How Can You Fight a GBI Allegation?
These great bodily injury allegations in Los Angeles and surrounding counties are very serious because they harm a person.
First and foremost, any great bodily allegation attached to any felony makes that felony a strike. Not only a strike but a violent strike will result in the person serving 85% of any prison time they are given.
Also, people don't realize that great bodily injury is not a crime in itself. It is a sentencing enhancement—an allegation that can be added to a crime and cause the person to serve an extra three years of prison on top of whatever time they get in the underlying felony.
Great bodily injury is the type of allegation you don't want because of all of the negative things that occur should you be found guilty of this particular allegation or if you admit it with the particular allegation. These negative consequences can include a longer prison sentence, the felony becoming a strike on your record, and potential challenges in future legal proceedings.
Ways to fight it: the obvious way to fight a great bodily injury allegation is to say the person did not suffer great bodily injury. For example, let's say you were driving recklessly, struck a car, and left the accident scene; you would be charged with driving recklessly.
Suppose the person claims their neck and back hurt after the accident and goes to a chiropractor and gets treatment for that neck and back pain but can't show any substantial injury.
In that case, that's not great bodily injury, and the prosecutors are going to lose trying to ram that home against a person in a jury trial. This is just one example of a successful defense strategy.
If the person died, you could be charged with vehicular manslaughter. You'd be charged with hit and run for leaving the scene of a crime.
Suppose the person claims their neck and back hurt after the accident and goes to a chiropractor and gets treatment for that neck and back pain but can't show any substantial injury. In that case, that's not great bodily injury, and the prosecutors are going to lose trying to ram that home against a person in a jury trial.
If you take the opposing end of the spectrum, and in that same scenario, if the person breaks a body part, that could be characterized as great bodily injury, subjecting the individual to that particular allegation.
Then we get all of these scenarios where there are things in between that you can't tell if it's great bodily injury. I'll let you know now that the jury instructions on this topic are very vague.
So, long story short, you're going to need an experienced attorney if you want to challenge this great bodily injury allegation. A defense attorney, like myself, has the background necessary to attack it. We can investigate the circumstances of the alleged injury, gather evidence, and present a strong defense in court.
Even if you're guilty of the great body injury allegation and the prosecutors can prove it, there are still ways to get rid of it by negotiation. I've had much success. Sometimes, we can get them to strike the bodily injury allegation with the prosecutors, or even the Judge, to work that on your criminal record without adding three years.
That's done with a mitigation package and character letters – hopefully, you don't have a prior criminal record, and hopefully, you don't have any violence in your past. These are all things that can be utilized to attack that great bodily injury allegation.
So, if you or a loved one is charged with a crime, a great bodily injury allegation is attached. Don't lose hope. Pick up the phone. Ask for a meeting with Ron Hedding. Let me put my experience to work for you.
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