Penal Code 12022.7 is considered a penalty enhancement to felony crimes. This specific code allows a judge or jury to impose additional prison time if “great bodily injury” is inflicted upon a victim. Additional prison time is added onto any felony where great bodily injury was inflicted upon the victim, carrying a three to six-year increase of their initial sentencing.
The prison sentencing found in California Penal Code 12022.7 is considered a consecutive term, meaning it must be served immediately after prison time for the underlying offense is completed.
What is Great Bodily Injury?
Great bodily injury, or “GBI’, is defined as a significant or substantial injury to a person’s body. It is considered any injury that is greater than minor or moderate harm. These types of injuries typically include:
- Broken bones
- Concussions
- Gunshot wounds
- Contusions
- Second and third-degree burns
Within the law, other factors constitute great bodily injury such as violent acts against the elderly, children, or the mentally disabled. These are listed in Penal Code 12022.7, which states:
“(a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years.
(b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.
(c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
(d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years.
(e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years. As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section 13700.
(f) As used in this section, “great bodily injury” means a significant or substantial physical injury.
(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452. Subdivisions (a), (b), (c), and (d) shall not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under either subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.”
Punishments for Great Bodily Injuries
If you are convicted of a felony and receive a great bodily injury sentencing enhancement, you could face anywhere from 3 to 6 years in a California State Prison, depending on the severity of the crime. Those in violation of Penal Code 12022.7 could face the following punishments:
- An additional 3 years for causing great bodily injury to another person during a felony act
- An additional five years if the victim sustained an injury to their nervous system or muscular mechanism, such as paralysis
- An additional punishment of five consecutive years if the victim is 70+ years old
- An additional 4, 5, or 6 years if the victim is less than 5 years old
- An additional 4, 5, or 6 years for a felony domestic crime causing GBI.
Contact a Personal Injury Lawyer in California
If you or a loved one has suffered a personal injury due to a crime in California, the attorneys at Maison Law are standing by to help you get the compensation you need. We take penal code violations very seriously at Maison and will aggressively pursue a settlement to match the full extent of your damages. If a settlement cannot be reached, then our firm will represent you in court to advocate on your behalf.
Contact Maison Law today for a free consultation and case evaluation. Our firm does not require any upfront fees and you do not have to pay a cent until your case is won.
