Great Bodily Injury (GBI) Enhancements – California Penal Code 12022.7

Overview

Under California Penal Code 12022.7, a person convicted of a felony can face additional prison time if they personally inflict great bodily injury (GBI) during the commission of that felony. The GBI enhancement is one of the most powerful—and punitive—tools in the prosecutor’s arsenal.

GBI enhancements can add 3 to 6 years to a prison sentence, are often strike-eligible, and may impact probation eligibility, immigration status, and record relief.

At Jones Trial Attorneys, we work to challenge the GBI allegation itself, fight for lesser included charges, and when necessary, litigate sentencing to avoid unjust enhancements.

What Is “Great Bodily Injury”?

GBI is defined as:

“A significant or substantial physical injury. It is an injury that is greater than minor or moderate harm.”

Examples of injuries that may qualify as GBI:

• Broken bones

• Concussions

• Loss of consciousness

• Deep cuts requiring stitches

• Severe bruising or swelling

• Internal injuries

A jury ultimately decides whether an injury qualifies as “great,” and it must be personally inflicted by the defendant.

When Does the GBI Enhancement Apply?

PC 12022.7 applies when:

• The defendant commits a felony, and

• During that felony, the defendant personally inflicts GBI on another person

It cannot be used with:

• Certain sex crimes with their own enhancements

• Manslaughter or murder charges (because injury is inherent)

Penalties for GBI Enhancements

The GBI enhancement adds consecutive time to the base sentence:

• Standard GBI (PC 12022.7(a)): +3 years

• GBI on a vulnerable victim (elderly, child, etc.): +4 years

• GBI during domestic violence (12022.7(e)): +3 to +5 years

• GBI causing coma or paralysis: +5 years

• GBI during gang-related felony (186.22(b)(1)(C)): +5 years or more

These enhancements are mandatory and consecutive unless stricken by the court.

Defenses to a GBI Allegation

• Injury does not qualify – Many injuries are painful but not legally “great”

• You didn’t personally inflict the injury – Another participant may be responsible

• Accidental injury – The harm was not caused intentionally or recklessly

• No underlying felony – Without a valid felony, there can be no GBI enhancement

• Jury did not find GBI beyond a reasonable doubt

We also file motions to strike GBI enhancements under PC 1385, especially when the enhancement would result in unjust sentencing.

Consequences of a GBI Enhancement

• Adds years to prison time

• Triggers strike status under Three Strikes Law

• Can make you ineligible for probation, parole, or diversion

• Immigration harm for non-citizens

• Limits expungement and post-conviction relief options

How Jones Trial Attorneys Can Help

We fight GBI allegations by:

• Bringing in independent medical experts

• Challenging injury classification

• Negotiating for misdemeanor or non-GBI resolutions

• Fighting enhancement sentencing at trial or post-conviction

💼 Free consultations

⚖️ Strike and enhancement defense experience

📍 Based in San Diego, trusted in high-stakes felony matters

Accused of Causing Great Bodily Injury? Let Us Help.

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.