What is Great Bodily Injury in an Assault Case?

When it comes to violent crimes in California, the severity of the charges and potential penalties often depend on the extent of the victim’s injuries. In cases of battery with great bodily injury (GBI), also known as aggravated assault, prosecutors must prove that the defendant’s actions resulted in a significant, long-lasting injury to the victim.

But what exactly constitutes great bodily injury under California law, and how do prosecutors go about proving it in court?

What is Considered Great Bodily Injury in California?

California Penal Code Section 12022.7 defines great bodily injury as a “significant or substantial physical injury.” This legal term requires something more than just a minor or short-term injury.

While there is no exhaustive list of qualifying injuries, California courts have found the following types of harm to constitute great bodily injury in past cases:

• Concussions or loss of consciousness
• Wounds requiring extensive suturing or stitches
• Bone fractures or broken bones
• Injuries necessitating surgery
• Disfigurement or permanent scarring
• Impairment of a body part or organ

While serious injuries like those listed above are more likely to be considered GBI, the ultimate determination depends on the specific facts of each case. Some seemingly minor injuries could be deemed “significant or substantial” depending on the circumstances, while more severe-looking injuries might not always qualify.

The Difference Between Assault and Assault with Great Bodily Injury

Under California law, an assault occurs when a person willfully attempts to inflict violent injury on someone else and has the present ability to do so. Simple assault is a misdemeanor, punishable by up to six months in county jail and a $1,000 fine.

However, if the assault actually results in great bodily injury to the victim, the crime becomes a felony under Penal Code Section 245(a)(4). Assault with GBI is a strike offense under California’s Three Strikes Law, carrying a potential state prison sentence of 2, 3, or 4 years. Additionally, if the prosecution can prove that the defendant personally inflicted GBI on the victim, they face an additional and consecutive 3 to 6 year prison term.

Given these severe penalties, it’s crucial to understand how prosecutors attempt to prove great bodily injury in aggravated assault cases.

How Do Prosecutors Prove Great Bodily Injury?

To convict a defendant of assault with great bodily injury, California prosecutors must prove the following elements beyond a reasonable doubt:

1. The defendant committed an assault on another person;
2. The assault caused the victim to suffer great bodily injury; and
3. The injury was not a reasonably foreseeable consequence of the assault.

Prosecutors may use various types of evidence to establish these elements, such as:

• Medical records and expert testimony: Documentation from healthcare providers describing the nature and extent of the victim’s injuries, along with expert medical testimony explaining the long-term effects, can be powerful evidence of GBI.
• Photographs and videos: Visual evidence of the victim’s injuries, such as photos taken at the hospital or during follow-up appointments, can help demonstrate the severity of the harm caused.
• Eyewitness testimony: Witnesses who observed the incident or interacted with the victim in the aftermath may provide compelling testimony about the apparent seriousness of the injuries and the victim’s pain and suffering.
• Victim’s statements: The victim’s own account of their injuries, pain levels, and the impact on their daily life can be persuasive evidence for the jury, especially if the victim testified in court.
• Defendant’s statements or conduct: If the defendant made any incriminating remarks about the severity of the injuries or fled from the scene without rendering aid, prosecutors may use this to argue that the defendant knew they had inflicted GBI.

Common Defenses Against Assault with Great Bodily Injury Charges

Experienced criminal defense attorneys may employ several strategies to fight aggravated assault charges, depending on the unique facts of the case. Some common defenses include:

Self-defense or Defense of Others

If the defendant reasonably believed they or someone else were in imminent danger of suffering bodily harm, they might have a valid self-defense claim, which could result in dropped charges or an acquittal at trial.

Lack of Intent

Assault requires a willful attempt to inflict injury. If the defendant can show that the injury occurred accidentally or without any intent to harm, they may be able to avoid an aggravated assault conviction.

Insufficient Evidence of GBI

The defense may argue that the victim’s injuries, while perhaps painful or alarming, do not rise to the level of “significant or substantial” harm required for GBI. Challenging the severity of the injuries can lead to reduced charges or a lesser sentence.

Mistaken Identity or False Accusations

In some cases, especially those involving chaotic scenes like bar fights or attacks in crowded areas, the defense may raise doubt about whether the defendant was actually the one who caused the injuries. Eyewitness misidentification and false allegations are not uncommon in these situations.

Contact Our Aggravated Assault Defense Attorneys Today

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future. Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

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