The prevalence of great bodily injury allegations across Los Angeles County is a matter of grave concern.  These allegations now carry significantly more weight than before.  If you're accused of causing great bodily injury, it's considered a strike.  This elevates the crime to a violent felony, mandating the individual to serve 85% of the sentence, a consequence that cannot be understated.

So, great bodily injury, or GBI, is not a crime in and of itself.  It's an allegation that accompanies a crime. For instance, a simple assault can be escalated to a serious crime if it results in great bodily injury.  Under California Penal Code Section 12022.7, it essentially adds three years to the sentence a person receives for a crime.  As indicated above, it renders any crime to which it is attached a strike.  So, if you plead to a certain crime that normally would not be a strike. You have to admit a great bodily injury allegation that makes the case a strike, and it's a violent felony, and you must serve 85% of the time in a California state prison.

So, the great bodily injury allegations are very serious in criminal defense in Los Angeles.  You want to avoid them at all costs.  To prove a great bodily injury allegation, the people must demonstrate that the defendant in the case is the one who actually caused the great bodily injury, and not some other force, person, or the individual themselves.

Therefore, causation is a significant concern when it comes to GBI allegations.  The second concern you should have if you're charged with a great bodily injury allegation in Los Angeles is the potential for an additional three years in prison, a prospect that adds significant weight to the sentence. It almost forces the underlying crime to result in a prison sentence.

Therefore, it's impossible to receive a probationary sentence for the underlying crime (a sentence served under the supervision of a probation officer) and then receive three years for the GBI.  That forces you to go to prison.  Typically, prosecutors also discuss prison time for the underlying crime.

Now, the people actually have to prove that you caused great bodily injury.  So, some simple injury pain and suffering, such as a sore neck or back, is not going to constitute a great bodily injury.  They're going to need some significant, serious injury, like a broken bone or a severe concussion, and a lot of times, this becomes a bone of contention in criminal defense — whether the injury is really serious enough to qualify as a great bodily injury allegation.

Stay the Sentence on Great Bodily Injury

Another significant issue regarding GBI allegations in LA criminal courts is how to resolve the case.  What are we going to do?  Sometimes, we can get the prosecutors to have you admit the great bodily injury allegation, but not give you three years for it.  So, in other words, they stay with the sentence on the great bodily injury.

Obviously, this is a very powerful remedy if you can obtain it, as it means you won't have to serve three years in prison, and often, you can receive probation on the underlying case. So, if you can get them to do this, then you're in a very solid position.

The only problem with this — if you admit a GBI allegation, even though you don't actually get hit with the three years, that causes the charge itself to become a strike, and when you have that strike on your record, you can't get that strike off.  You cannot reduce the case down to a misdemeanor, a fact that underscores the long-term impact of the charge.

That's one downside of having to admit a great bodily injury allegation. So, a lot of times, what I'm trying to do is get them to strike the great bodily injury allegation or get rid of it so my client doesn't actually have to admit it, take any more time for it, or get that bad energy related to it because of the strike allegation pursuant to the three strikes law in California. The "three-strikes law" is a law that imposes harsher sentences on repeat offenders.

If you or a loved one is facing a crime with allegations of great bodily injury, it's crucial to seek expert advice.  Consult with someone like me, who has twenty-five years of experience in this field and can provide insight into the evolution of GBI charges and the best defense strategies available today.