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Consequences & Legal Defenses for GBI with a Firearm in California

Out of all the US states, California is widely considered one of the most committed when it comes to ensuring public safety, particularly in terms of gun violence. This fact is reflected in the State’s strict gun laws, as well as harsh legal repercussions for the perpetrators.

Due to their severity and potential to cause long-term disability or even death, crimes involving GBI with a firearm are close to the extreme end of the sentencing spectrum. Today, we’ll dissect the potential repercussions for individuals facing these charges, as well as viable legal defense strategies employed by some of the best firearms defense attorneys in San Diego.

How much time does great bodily injury carry in California?

GBI with a firearm is not a “standalone” crime as assault with a firearm is. Rather, it’s more of an aggravating factor tied to the base offense. However, it is a critical enhancement under the California Penal Code §12022, adding significant prison time to the base sentence, depending on the severity of the crime and specific circumstances surrounding it:

• Base enhancement (CA PC §12022.7): Using a firearm (i.e. brandishing, displaying, or holding a firearm in a threatening manner without discharging it) in a felony that results in a GBI:
  • Additional 3 to 6 years in state prison;
• “10-20-Life” law enhancement (CA PC §12022.53): Using a firearm during the commission of a felony:
  • Additional 10 years, for simply using a firearm, even if the said firearm wasn’t loaded or operational;
  • Additional 10 years, if the firearm was actually fired as a part of the crime, even if the shot didn’t injure anyone;
  • Additional 25 years to life, if the discharge resulted in GBI or death.

What are other penalties for GBI with a firearm?

Aside from prison time, GBI with a firearm may carry a whole host of additional legal repercussions, including (but not limited to):

• Fines: Depending on the underlying felony and the existence of a prior criminal record, the court may impose fines reaching or, in some cases, exceeding $10,000.
• Probation: While unlikely in GBI with firearm cases, if granted, probation will be formal (supervised) and include very strict conditions.
• Firearm restrictions: A lifetime ban on owning or possessing firearms in California and, possibly, on a federal level, depending on the nature of the conviction.
• Restitution: The defendant may be ordered to pay the victim restitution, covering medical expenses, lost wages, and other related costs incurred from the crime.
• Employment & Licensing implications: Conviction may result in a job loss and revocation of professional licenses.

What are the legal defenses for GBI with a firearm?

Although GBI with a firearm is among the most serious crimes, the California legal system does allow several legal defenses, which may include proving:

• Self-defense or defense of others: The use of firearms was reasonably necessary to prevent imminent harm to oneself or another.
• Accidental discharge: The firearm was discharged unintentionally (may reduce/eliminate the discharge enhancement under §12022.53).
• Lack of intent: The defendant did not intend to cause GBI to the victim (may reduce the enhancement under §12022.7).
• Non-GBI injury: The injury inflicted does not meet the GBI standards, as defined by §12022.
• Mistaken identity: The accused was not the one responsible for the injury.
• Insufficient evidence: Challenging the persecution’s evidence regarding the use of the firearm, the infliction of the GBI, or both.
• Mental state defenses: Mental incapacity at the time of the offense (rare, but possible).

It is upon the defense lawyer to choose which of the aforementioned strategies (or a combination of thereof) to use, which is why it is important to have a legal team that’s knowledgeable and experienced enough to explore multiple avenues simultaneously.

Where can I find strategic firearms defense attorneys near me in San Diego?

Monder Criminal Lawyer Group is a collection of tactical, assertive, and dedicated legal specialists, providing strategic help to clients from Mission Beach to Encanto, and all across the San Diego area. We boast significant legal knowledge and experience in every facet of California criminal law, enabling us to provide effective legal defense for even the most complex cases. Whether you’re facing charges of assault with a firearm or GBI, count on us to put all of our collective expertise to good use and ensure the best possible outcome for your case. Reach out today!

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!