
California Penal Code § 12022.7 PC – Great Bodily Injury (GBI) Enhancement
Whether the injury qualifies as “great bodily injury” is often a gray area—and it’s something prosecutors and defense attorneys regularly fight over in court. What may seem like a straightforward case can quickly escalate, especially if the alleged harm is serious enough to trigger this sentencing enhancement.
At The Law Offices of Arash Hashemi, we understand how much is at stake. With over two decades of experience defending clients in Los Angeles, Attorney Arash Hashemi knows how to challenge GBI allegations, dispute the severity of the injury, and fight for the best possible outcome.
If you’re facing charges that include a GBI enhancement, contact us today for a free consultation. The earlier we get involved, the more we can do to protect your rights and your future.
What Qualifies as Great Bodily Injury Under PC 12022.7?
Under California Penal Code 12022.7(f), great bodily injury (GBI) means a significant or substantial physical injury—something more serious than minor cuts, scrapes, or discomfort. Whether an injury qualifies as GBI is not automatically decided by the type of injury alone; it’s typically left to a judge or jury to decide based on the specific facts of the case.
Importantly, GBI doesn’t have to be permanent or life-threatening. What matters is that the injury caused serious physical harm beyond what’s considered minor or moderate.
Physical Injuries That May Qualify as GBI Under California Law
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Broken bones or fractures
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Concussions, especially with loss of consciousness
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Gunshot wounds
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Second- or third-degree burns
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Deep cuts or lacerations that require stitches
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Permanent scarring or disfigurement
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Paralysis or loss of bodily function
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Traumatic brain injuries
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Dog bites resulting in significant tissue damage
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Severe swelling, bruising, or internal injuries
Each case is different, and prosecutors often try to stretch the definition of GBI to increase sentencing exposure. That’s why it’s critical to work with a Los Angeles criminal defense attorney who can challenge whether the injury truly meets the legal threshold.
When Does PC 12022.7 Apply in a Criminal Case?
A sentencing enhancement for great bodily injury (GBI) can be added when someone is convicted of a felony or attempted felony and personally causes serious physical harm to another person—not an accomplice. This enhancement increases the potential prison time and can turn an otherwise low-level felony into a much more serious case.
Common Felony Charges That May Trigger a GBI Enhancement
When Does a Great Bodily Injury Enhancement Not Apply?
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Misdemeanor charges
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Minor or moderate injuries
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Injuries caused by someone other than the defendant
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Injuries that occurred before or after the felony act
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Charges like murder or manslaughter (where serious harm is already assumed)
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Certain arson offenses (PC 451 or 452)
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Felony hit-and-run (Vehicle Code § 20001)
PC 12022.7 Sentencing Enhancements & Penalties
When the prosecution proves that a defendant personally caused great bodily injury during the commission of a felony, the court can impose additional prison time on top of the base sentence. These extra years are served consecutively—meaning they’re added after the main sentence, not served at the same time.
The length of the sentence enhancement depends on the facts of the case, including the nature of the injury and the victim’s age:
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3 extra years for most felonies where GBI is proven
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5 extra years if the injury caused paralysis or a coma due to brain trauma
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5 extra years if the victim was 70 years old or older
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4, 5, or 6 extra years if the victim was a child under the age of five
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3, 4, or 5 extra years when the GBI occurred in the context of domestic violence
In addition to the extended sentence, a GBI enhancement usually qualifies as a “strike” under California’s Three Strikes Law. That means future felony convictions—regardless of type—could lead to doubled sentences or even life in prison.
What Are the Legal Defenses to a Great Bodily Injury (GBI) Enhancement?
At The Law Offices of Arash Hashemi, our Los Angeles criminal defense attorney can often challenge a GBI enhancement using one or more of the following strategies:
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The injury wasn’t serious enough – Not all physical harm qualifies as “great bodily injury.” Minor or moderate injuries generally don’t meet the legal threshold.
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The defendant didn’t cause the injury – If someone else inflicted the injury, even if part of the same event, the enhancement may not apply.
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Timing doesn’t align – If the injury occurred before or after the felony—not during—it may fall outside the scope of the statute.
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No personal infliction – PC 12022.7 requires that the defendant personally inflict the injury. If the harm occurred indirectly, the enhancement may not be valid.
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Contradictory medical evidence – Medical records, expert testimony, or photographs may show the injury was less severe than claimed by the prosecution.
FAQ About GBI Enhancements in California
What’s the difference between GBI and serious bodily injury (SBI)?
While they sound similar, GBI is a sentencing enhancement defined under Penal Code 12022.7, while SBI is often used in civil law or as a legal term in other contexts. In criminal cases, “GBI” has a specific legal threshold and must be proven beyond a reasonable doubt.
Can I still be charged with a GBI enhancement if the victim didn’t go to the hospital?
Yes. Hospitalization is not required. The courts look at the severity of the injury, not whether medical treatment was received. However, lack of medical treatment may be used by your defense attorney to argue the injury wasn’t serious enough to qualify as GBI.
Does the GBI enhancement apply if the injury was unintentional?
Intent to injure is not necessary. What matters is whether the defendant personally inflicted the injury during the felony. Even unintentional harm can result in a GBI enhancement if the injury meets the legal standard.
Can a GBI enhancement be added after charges are filed?
Yes. Prosecutors can amend charges to include a GBI enhancement at any point before trial if evidence of significant injury becomes available. This is another reason why it’s critical to involve a defense attorney early.
Contact a Los Angeles Criminal Defense Attorney for Help With a GBI Enhancement
A felony conviction with a Great Bodily Injury (GBI) enhancement under California Penal Code § 12022.7 PC can carry devastating consequences. A GBI allegation can add several years to a prison sentence and trigger California’s Three Strikes Law—even when the underlying felony doesn’t require state prison.
If you’ve been accused of a serious felony in Los Angeles and the prosecutor is alleging a GBI enhancement, contact our office today. Attorney Arash Hashemi, a Los Angeles criminal defense attorney with over 20 years of experience, will personally review your case, explain your rights, and help build a strategy to reduce or eliminate the added penalties.
The Law Offices of Arash Hashemi is a trusted criminal defense firm proudly serving clients throughout Los Angeles County, with a strong track record of fighting enhancements and protecting clients’ futures.
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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.
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July 23, 2025
[…] A San Clemente man has been charged with 74 felony counts following an incident in which a vehicle struck dozens of people outside a nightclub in East Hollywood. According to the Los Angeles County District Attorney’s Office, Fernando Ramirez (age 29) faces 37 counts of attempted murder (Penal Code §§ 664/187) and 37 counts of assault with a deadly weapon (Penal Code § 245(a)(1)), as well as enhancements for inflicting great bodily injury on eight victims (Penal Code § 12022.7). […]