Los Angeles Great Bodily Injury (GBI) Enhancement Defense Attorney

When the Los Angeles District Attorney’s Office alleges a significant bodily injury enhancement under California Penal Code § 12022.7, the ordinary stakes of a felony prosecution ratchet up dramatically. A charge that might otherwise be punishable in county jail can suddenly expose the accused to an additional three-, four-, five-, or six-year consecutive state-prison term, plus the lifelong impact of a “strike” under the Three-Strikes Law. At Kraut Law Group Criminal & DUI Lawyers, Inc., we draw on decades of prosecutorial and defense experience to challenge every enhancement element, protect our clients’ freedom, and preserve their future. If you or a loved one has been charged with an offense and there is a great bodily injury enhancement, you must immediately consult with a Los Angeles criminal defense attorney.

The statute adds time only when prosecutors establish that a defendant personally inflicted “significant or substantial physical injury” on someone other than an accomplice during the commission or attempted commission of a felony. The enhancement is not a separate crime; it is an allegation that rides on top of the underlying felony, and it must be proved beyond a reasonable doubt to the trier of fact or admitted by the defendant before it attaches.

• Personal infliction: Vicarious responsibility will not suffice; the injury must flow directly from the defendant’s act, not merely from participation in a conspiracy.
• Great bodily injury: California courts interpret the phrase broadly. Case law, including People v. Escobar and People v. Cross, clarifies that no bright-line medical threshold exists; the jury asks whether the harm is “greater than minor or moderate.”
• Non-element requirement: The enhancement does not apply where great bodily injury is already built into the base crime (e.g., murder, mayhem, or aggravated battery causing serious bodily injury).

Because the language is expansive, many injuries qualify: fractures, dislocated joints, concussions, deep lacerations requiring sutures, organ damage, significant burns, prolonged loss of consciousness, and injuries that leave lasting disfigurement or disability. Conversely, superficial bruises, minor cuts, or purely emotional trauma generally do not satisfy the standard.

• Assault with a Deadly Weapon (Penal Code § 245(a)(1)): when the weapon is actually used and causes serious harm
• Domestic Violence Corporal Injury (Penal Code § 273.5): a single punch that breaks a partner’s bone can convert a wobbler into a multi-year prison exposure
• DUI Causing Injury (Vehicle Code § 23153): prosecutors may allege GBI for severe crash injuries, even if airbags deployed and seatbelts were worn
• Robbery (Penal Code § 211): a victim who resists and suffers a broken nose or traumatic brain injury can trigger the enhancement
• Sex Crimes (e.g., Penal Code § 261, § 288): particularly where force or violence leaves lasting physical trauma

These filings are common at the Foltz Criminal Justice Center, Van Nuys, Airport, and other courthouses throughout L.A. County. The District Attorney’s special policies may encourage deputy DAs to allege GBI aggressively as leverage, even when medical records are ambiguous. Effective defense requires early, informed intervention.

• Standard Consecutive Term: Three years under § 12022.7(a) when the statutory elements are met.
• Enhanced Terms for Specific Victims: Five years for injuries causing coma or permanent paralysis (§ 12022.7(b)); five years for victims 70 or older (§ 12022.7(c)); four-, five-, or six-year range for a child under five (§ 12022.7(d)).
• Domestic-Violence Context: Three-, four-, or five-year range (§ 12022.7(e)).

Because the term runs consecutively, it is added to and must be served after any sentence imposed for the felony. The enhancement also turns the conviction into a serious felony “strike,” doubling any future felony sentence and exposing the defendant to 25-to-life upon a third strike. Parole eligibility is limited: time credited at 20 percent rather than 50 percent on the GBI portion, meaning the defendant must serve 80 percent of the enhancement term.

• Immigration: A felony strike involving violence and GBI is classified as an aggravated federal crime involving moral turpitude, making non-citizen clients deportable and generally ineligible for relief.
• Gun Rights: Under state and federal law, a strike conviction bars the possession or ownership of firearms for life.
• Professional Licensing: Health-care, security, real estate, and state-licensed professionals may face revocation or denial of licensure.
• Future Sentencing: Judges often view a prior GBI strike as evidence of violence, influencing bail, probation suitability, and negotiated resolutions in later cases.

• Challenging “Personal Infliction”: Demonstrating that someone else, co-participant, victim, or third party, caused the injuries can defeat the enhancement even if the underlying felony remains.
• Disputing “Great” Versus “Moderate” Injury: Detailed medical records, expert testimony, and careful cross-examination of treating physicians can show that wounds were painful but not substantial.
• Causation Defenses: If the injury stemmed from the victim’s conduct, intervening medical negligence, or a pre-existing condition, the causal chain may be too attenuated for § 12022.7.
• Suppression Motions: Illegally obtained statements or evidence can undermine the prosecution's theory.
• Reconstruction and Biomechanics: Accident-reconstruction experts in vehicular cases or use-of-force specialists in assault cases can explain why alleged GBI is inconsistent with the physics of the event.
• Negotiated Resolutions: Where the underlying felony is a wobbler or non-violent, persuading the prosecution to dismiss GBI in exchange for a realistic plea can mean the difference between probation with local custody and years in state prison.

At Kraut Law Group Criminal & DUI Lawyers, Inc., former Deputy District Attorney Michael Kraut reviews every case file for charging irregularities, inconsistent witness statements, and lab or hospital chart errors that can collapse the enhancement. We also draw on respected orthopedic surgeons, neurologists, and radiologists ready to testify when an “assumed fracture” is, in fact, a hairline bruise or old injury.

• Road-Rage Allegation: Defendant was charged with assault with a deadly weapon and GBI after a freeway altercation where the complainant suffered a broken orbital bone. Independent CT scans office showed the fracture pre-dated the incident by weeks; enhancement may be dismissed, and the defendant may be able to plead to a single misdemeanor battery and avoid jail.
• Domestic Dispute: Police reports alleged choking and a “loss of consciousness ≈ for 30 seconds.” Medical experts established the absence of petechiae and no oxygen deprivation. Combined with recorded inconsistencies in the 911 call, the GBI allegation may be dropped at prelim, and the felony may later be reduced to misdemeanor domestic battery.
• Felony DUI Crash: Teen passenger’s femur fracture qualified as GBI. However, the alcohol level measured hours later could not be retroactively extrapolated. An effective criminal defense law firm can leverage proof issues to negotiate dismissal of GBI and Vehicle Code § 23558 enhancements, resulting in a significantly reduced sentence or even dismissal.

Unlike sentence enhancements that may appear only at the sentencing hearing, GBI allegations are usually charged from day one, influencing bail and the prosecution’s sentencing calculus. Swift engagement allows the defense to:

• Gather Time-Sensitive Evidence: Surveillance footage, dash-cam data, and medical imaging before they are overwritten or lost.
• Facilitate Alternative Restitution: Early victim-offender dialogue or civil-compromise arrangements can persuade the District Attorney that the heightened punishment is unnecessary for justice.
• Present Mitigation: Military service, mental-health struggles, or documented substance-abuse recovery plans can help resolve the case short of a strike.

• Prosecutorial Insight: Attorney Michael Kraut spent over 14 years as a Los Angeles Deputy District Attorney. He knows the internal guidelines that dictate when DAs may strike the enhancement and when they need a litigation reality check.
• Courtroom Reputation: Judges and prosecutors respect trial-ready counsel. Our willingness to take enhancement allegations to jury verdict often results in better pretrial offers.
• Resources: Access to premier medical and forensic experts, private investigators, and cutting-edge demonstrative-evidence software.
• Client-Centered Approach: We explain every option in plain English, informing clients and their families at each stage.
• Proven Results: Multiple dismissals of GBI allegations across L.A. County, from the Clara Shortridge Foltz courthouse downtown to suburban branch courts in Pasadena, Torrance, and Lancaster.

Q: “Does surgery automatically mean GBI?”
No. Surgery is persuasive but not conclusive. The question is whether the injury is significant. A minor arthroscopic procedure might not meet that bar, while a non-surgical yet severe burn could.

Q: “If I plead guilty to the base felony, can I still fight the enhancement?”
Yes. A negotiated plea can leave the GBI allegation “open,” letting the judge—or a jury in a separate trial—decide whether it is proved. Careful plea wording is crucial.

Q: “Is probation ever possible with a GBI enhancement?”
It is rare but not impossible. The court may strike the enhancement in the interest of justice under Penal Code § 1385 or grant probation if extraordinary mitigating factors exist. Persuasive advocacy and structured rehabilitation plans are essential.

The difference between a 16-month low-term sentence and a nine-year state-prison commitment can come down to successfully contesting a significant bodily injury allegation. If you or a loved one faces a GBI enhancement anywhere in Los Angeles County, contact Kraut Law Group Criminal & DUI Lawyers, Inc. for a confidential, no-obligation consultation. Our early action can be decisive in preserving your freedom, career, and family stability.