Monder Law Group - News
Legal Definitions & Distinctions of GBI with Firearms
A crucial aspect of California’s penal code, Great Bodily Injury (GBI) plays a significant role in determining the severity of crimes involving physical harm. However, when a crime resulting in GBI involves the use of a firearm, the consequences are notably more severe – and so are the legal repercussions – reflecting the state’s strong stance against gun violence.
For these reasons, understanding the nuances of GBI laws, specifically in this context, is crucial for firearms defense lawyers in San Diego, the general public, and especially for those accused of the crime. Today, we’ll delve into the legal definitions, factors influencing severity, and specific laws pertaining to GBI, with a focus on cases involving firearms.
What is a GBI in California?
Before we introduce firearms-related legislation, it is important to understand what California’s Penal Code (PC) 12022.7(f) considers GBI in stand-alone terms:
- Great Bodily Injury (GBI) is defined as a “significant or substantial physical injury”
This refers to injuries that are more than minor or moderate, and usually result in:
- Significant impairment of a bodily function or organ.
- Prolonged or permanent loss of a bodily function or organ (disability).
- Prolonged or permanent disfigurement or pain.
For instance, concussions, bone fractures, and loss of consciousness all constitute GBI and are all explicitly mentioned as examples of GBI in various contexts within the penal code.
What are the factors that determine the severity of GBI?
In courts, several factors are considered when determining the severity of a GBI, including:
- The type/nature of injury and its impact on the victim’s health.
- The length of time required for the victim to recover from the injury.
- Whether the injury resulted in permanent detriment(s) to the victim (e.g. disfigurement, disability, loss of a bodily function)
- Medical evidence and testimonies from medical experts.
- The intent behind the action that caused GBI and the surrounding circumstances.
What is a GBI with a firearm in California?
The legal definition of a GBI with a firearm does not fundamentally change from the general one noted above. However, the usage of a firearm to inflict a GBI automatically elevates the seriousness of the offense to a felony.
Since there’s the inherent potential for severe harm or death in these cases, this naturally results in more severe penalties for the perpetrator, as the State has an incredibly strict stance on virtually all forms of assault with a firearm and gun-related crimes in general.
What is the law for great bodily injury in California?
In California, two pieces of legislation govern GBI with a firearm:
- CA PC §245(a)(2) defines the crime and legal penalties for assault with a deadly weapon, including firearms.
- CA PC §12022.7 & §12022.53 specifically address the use of a firearm in the commission of a felony that results in GBI or death.
CA PC §12022 and its subsections, in particular, define several critical sentence enhancements for crimes committed using a firearm, specifically:
- Use of a firearm in a felony resulting in GBI;
- Discharging a firearm without inflicting GBI or death;
- Discharging a firearm resulting in GBI or death;
- Use of a firearm in specific serious crimes (e.g. robbery, mayhem) resulting in GBI or death;
As it stands, GBI with a firearm is considered one of the most serious violent crimes in California (and the US in general), carrying near-extreme penalties for offenders, making it crucial for the accused to have the best possible legal team in their corner.
Where can I find an excellent team of firearms defense lawyers near me in San Diego?
From Little Italy to the furthest outskirts of San Diego, you won’t find a more dedicated and client-centered team of legal specialists than at Monder Criminal Lawyer Group. Whether you’re accused of a GBI with a firearm or any other gun-related felony, we have the knowledge and experience to ensure the best possible outcome for your case. Contact us today and secure the team that will fiercely protect your rights in and out of court!
