In the state of California, an individual may be accused of causing a “great bodily injury” in the course of committing a felony. In this situation, the sentencing enhancement of Penal Code 12022.7 would apply.
Sentencing enhancements allow the court to add time to an individual’s prison sentence in some cases. Learn more about how to fight great bodily injury felony charges with the Simmrin Law Group today by calling (310) 997-4688.
Defining Great Bodily Injuries in California
Not all injuries caused during a felony are considered great bodily injuries (GBIs). This term only applies to injuries that are significant and substantial. Additionally, only physical injuries are considered GBIs. The term does not refer to emotional or financial damages.
Any of the following injuries could qualify as a GBI in the state of California:
- Second-degree burns
- Broken bones
- Gunshot wounds
- Injuries to the nervous system
- Dog bite injuries
Note that GBIs are not always permanent injuries. Individuals can often heal from a GBI. The court can decide whether an injury is a GBI or not.
Information About PC 12022.7 Enhancements
PC 12022.7 is not a standalone criminal charge. This charge only adds prison time if someone is convicted of another criminal act first. PC 12022.7 also only applies in felony cases. Additionally, PC 12022.7 enhancements do not apply to all felonies. Generally, this enhancement works with violent felonies.
For example, individuals can face this enhancement in association with charges for:
- Battery, including domestic battery
- Assault with a deadly weapon
- Elder abuse
Note that these are only examples of felony charges that can face a PC 12022.7 enhancement. Additionally, this enhancement is not used for charges that are built around the infliction of a GBI. For example, PC 12022.7 charges are not enforced for murder or manslaughter charges.
Individuals convicted of a violent felony may face a PC 12022.7 enhancement. Learn more about how to fight this situation by reaching out to the Simmrin Law Group. We’ll help you review GBI sentencing enhancements. Just call us at (310) 997-4688.
Prison Time for a PC 12022.7 Enhancement
Individuals who cause a GBI during the commission of a felony can face additional prison time. The court does not always sentence individuals to the same period of enhanced prison time. Different penalties are used for different offenses. For example, individuals can face an additional five years if the GBI:
- Resulted in paralysis or an individual falling into a coma
- Was inflicted on an individual over 70 years of age
- Involved an act of domestic violence
Individuals can face six additional years in prison if the victim of the GBI was a child younger than five years old. However, for basic offenses, the court may choose to add only three years of prison time. Note that these penalties only apply if an individual is convicted of the underlying felony.
The felony conviction can lead to additional penalties, including prison time, fines, and probation. Find out more about these penalties with a violent crimes lawyer in Los Angeles.
Defenses Against PC 12022.7 Enhancements in California
Reach out to a criminal defense lawyer in Los Angeles if you were accused of a violent felony. Members of our team can help you handle GBI enhancements. We’ll work to build your defense by showing that:
You Didn’t Commit a Felony
PC 12022.7 enhancements only apply if you were convicted of a felony. We can work to show that you were not guilty of a felony offense. You should not have to face this enhancement if you were convicted of an infraction or misdemeanor.
You Were Acting in Self-Defense
The state of California allows you to take steps to protect yourself. This means you may be able to avoid a conviction for injuring other people if they were threatening your life or well-being. You can also act to protect other people, which may result in an injury to the other person.
You Didn’t Cause a GBI
PC 12022.7 enhancements should only apply if you caused someone a GBI. Not all injuries qualify as a GBI. We can work to show that you caused a relatively minor injury here in Los Angeles.
Ask Us About How to Fight Penal Code 12022.7 Enhancements
Contact the Simmrin Law Group if you have questions about how to fight charges involving great bodily injury enhancements. You can easily contact a criminal defense lawyer in Los Angeles for legal assistance by calling us at (310) 997-4688. You can also complete our online contact form for our free consultation.