Define “Great Bodily Injury”
Battery Causing Great Bodily Injury [GBI] means you inflicted force on someone which resulted in serious injury (i.e. breaking a bone, getting a concussion, or similar injuries).
What Constitutes the Crime?
In order to be convicted of this crime, the prosecution must establish ALL of the following elements:
- You caused the victim to suffer serious bodily injury.
- You did so intentionally.
- You did not act in self-defense.
What are the Penalties for Battery Causing Great Bodily Injury?
Battery Causing Great Bodily Injury is a wobbler, meaning the prosecution decides whether to charge you with a misdemeanor or felony.
- If the prosecution charges you with a misdemeanor, you face up to one year in a county jail, or a maximum $1,000 dollar fine, or both.
- If the prosecution charges you with a felony, you face two, three, or four years in a California State prison, or a maximum $10,000 fine, or both.
In addition, an Aggravated Battery Causing Great Bodily Injury (GBI) is a strike in California.
What Are the Defenses to Battery Causing Great Bodily Injury?
- You acted in self-defense to protect yourself or another person from an immediate threat to your safety.
- You can only be guilty of committing GBI if you intended to injure the other person. So, you would not be charged with GBI if their injury was the result of an accident.
To speak with a knowledgeable attorney about your case, call Gurovich, Berk & Associates today for a free consultation (818) 205-1555.