Tuesday, November 25, 2014

Are bruises considered great bodily injury in a criminal charge under CA. Penal code 245(a)(1)

Question

Are bruises considered great bodily injury in a criminal charge under CA. Penal code 245(a)(1)



Answer

Great Bodily Injury is something more than minimal injury. There is no exact test for what is and what isn't GBI. If the prosecutor alleges GBI, that makes the charge a STRIKE. As a Former Deputy District Attorney who has handled 100's of these cases over the past 26 years. You need to contact a lawyer you trust to fight for you. Many attorneys offer free consultations, including our firm......take advantage of that. I wish you well............David



Answer

Penal code section 245(a)(1) can be charged as assault with a deadly weapon other than a firearm OR assault by means of force likely to produce great bodily injury. That charge can survive, even if there is no injury inflicted.

If you're asking whether bruises can be great bodily injury to add an enhancement under 12022.7, then the answer is maybe. Significant, deep bruising can be considered great bodily injury.



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