Imagine an incident where someone suffers a concussion as a result of someone else’s actions.

A single shove in a crowded bar, a heated argument that ends in a stray elbow, a driver who brakes too late and sends a cyclist to the pavement — any of these moments can leave someone dazed, nauseous, and diagnosed with a concussion.

In California, that seemingly “mild” head injury can turn a misdemeanor or an ordinary felony into a far more serious matter.

Under Penal Code § 12022.7, prosecutors can tack on a “great bodily injury” (GBI) enhancement that adds three to six extra years in state prison if they prove the victim’s concussion was significant. Whether or not a concussion meets this threshold is often the pivot point of the entire case.

In this guide, we’ll explain how California defines GBI, why concussions often qualify, and how Los Angeles prosecutors decide when to charge the enhancement. You’ll also learn the key factors that sway judges and juries — medical records, loss of consciousness, lasting symptoms — and the defense strategies that can keep a concussion from being labeled “great bodily injury.”

If you or a loved one is staring down charges involving a head injury, every detail counts. Understanding the law, the local charging policies, and the medical nuances could spell the difference between a standard sentence and years tacked on. Let’s dive in.

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What is “Great Bodily Injury” (GBI) under California law?

Under California law, great bodily injury is a specific legal term referring to a significant or substantial physical injury – one that is more serious than minor or moderate harm.

In practical terms, this means an injury that truly hurts or impairs someone, as opposed to small cuts or bruises. California Penal Code § 12022.7 provides the definition and rules for GBI. In subsection (f) of that statute, the law explicitly states: “Great bodily injury” means a significant or substantial physical injury.

This definition sets the threshold – the injury must be significant in scope.

Importantly, not every injury meets this bar. Minor injuries like superficial scrapes, a black eye, or complaint of pain usually do not count as GBI. For example, “mere redness or soreness” or a small cut that doesn’t require medical treatment would be considered minor and not qualify. GBI is reserved for more serious harm – the kind of injury that medical personnel would consider noteworthy or that has more than fleeting effects on the victim’s health.

Great bodily injury vs serious bodily injury

California law also makes a distinction between “great bodily injury” and “serious bodily injury.”

Great bodily injury is the term used for certain felony sentencing enhancements (as discussed below), while “serious bodily injury” appears in the context of the crime of aggravated battery (battery causing serious bodily injury, Penal Code § 243(d)).

In reality, however, these terms refer to the same level of injury severity.

California courts have recognized that the standard for “serious bodily injury” under Penal Code § 243 is “substantially similar” to great bodily injury under § 12022.7. In fact, the statutory definition of “serious bodily injury” explicitly includes examples like loss of consciousness, concussion, bone fracture, wound requiring extensive suturing, and serious disfigurement.

This overlap means that if an injury would count as “serious bodily injury” for an aggravated battery charge, it generally would also qualify as “great bodily injury” for purposes of an enhancement. The key point: both terms require a serious impairment of the victim’s physical condition, beyond the trivial or mild.

Understanding the PC §12022.7 GBI sentencing enhancement

Penal Code § 12022.7 is California’s primary law dealing with great bodily injury in criminal cases.

It creates a sentencing enhancement – essentially an added penalty – when a defendant personally inflicts great bodily injury on someone else during the commission of a felony.

Here are the basics of this law and its provisions:

Additional Prison Term – If the prosecution proves that the defendant personally inflicted GBI on a victim while committing a felony, the court can impose an extra prison term in addition to the sentence for the underlying crime. The base enhancement is an extra 3 years in state prison, served consecutively, meaning it stacks on top of the punishment for the underlying offense.
Definition of GBI – As we mentioned above, § 12022.7(f) defines great bodily injury as “significant or substantial physical injury.” This broad definition leaves it to the jury or judge to decide in each case whether the victim’s injuries qualify – it’s not automatically triggered by any specific type of injury without evaluation. Even a type of injury that is often serious like a broken bone is not automatically GBI as a matter of law. The trier of fact must find that in the particular case the injury was significant or substantial in extent. In other words, context and degree matter.
Specific Circumstances – The statute has special subsections for certain situations.
- Subsection (a) – The basic GBI enhancement: 3 extra years for inflicting GBI on any person (other than an accomplice) during a felony.
- Subsection (b) – If the victim becomes comatose due to brain injury or is permanently paralyzed as a result of the injuries, the enhancement increases to 5 extra years. This reflects that extremely severe injuries, like a coma from head trauma, warrant heavier punishment.
- Subsection (c) – If the victim is 70 years of age or older, GBI yields a 5-year enhancement, recognizing that injuries to elderly victims are particularly harmful.
- Subsection (d) – If the victim is a child under 5 years old, the enhancement is 4, 5, or 6 years, reflecting the vulnerability of young children.
- Subsection (e) – If the GBI occurs under circumstances involving domestic violence, it carries an enhancement of 3, 4, or 5 years. This often applies in cases of spousal abuse or domestic battery where the victim’s injuries are severe. For example, this can be a domestic assault resulting in a concussion or broken bone could trigger this.
- Subsection (g) – This clarifies the enhancement does not apply if the infliction of great bodily injury is an element of the underlying offense. For example, it may not stack on top of crimes like murder or manslaughter, since those inherently involve grave injury or death by definition.
GBI as a “Strike” – A conviction with a GBI enhancement in California will usually count as a “strike” under California’s Three Strikes Law. Penal Code § 1192.7(c)(8) classifies any felony in which the defendant inflicts great bodily injury as a serious felony. Also, many GBI-enhanced felonies are considered violent felonies under Penal Code § 667.5(c). For example, robbery or assault with a deadly weapon with GBI.

Penal Code 12022.7 is a powerful tool for prosecutors. It turns a crime with a serious injury into a much more heavily penalized offense.

For someone facing charges, the difference between an injury deemed “great bodily” versus one that isn’t can be the difference between, say, a 2-year sentence and a 5-year sentence (or more).

That’s why whether a concussion qualifies as GBI is such an important issue in a case where the victim suffered a head injury.

Does a concussion qualify as great bodily injury?

The answer is, sometimes. A concussion can be considered great bodily injury in California, if the concussion is significant.

Let’s discuss some of the nuances of the law.

When a concussion qualifies as great bodily injury

The California Penal Code’s definition of serious bodily injury for battery cases includes concussion as an example of a serious impairment of physical condition. Since, as noted, serious bodily injury and great bodily injury are essentially the same standard, this is a strong indicator that a concussion falls within the type of harm that can be GBI.

If you knock someone out or give them a diagnosed concussion, you’ve likely caused significant harm.

Historically, when the GBI statute was first enacted in the 1970s, it listed specific examples of injuries that count as great bodily injury – and one of those examples was a “severe concussion.” In the original version of the law, great bodily injury was defined as a “serious impairment of physical condition” including “(a) prolonged loss of consciousness; (b) severe concussion; (c) protracted loss or impairment of function of any bodily member or organ; … (f) serious disfigurement,” etc.

Although the law was later amended to remove the detailed list and use the broader “significant or substantial injury” language, this history shows that the legislature considered a severe concussion to be a prototypical example of great bodily injury.

Modern courts acknowledge this legislative intent – concussions, especially those involving loss of consciousness or significant symptoms, are firmly in the category of injuries that can be GBI.

California case law confirms that head injuries leading to concussions or loss of consciousness often uphold GBI findings. For example, in a 2023 California Supreme Court case, In re Cabrera, the defendant had punched someone who lost consciousness and suffered a head injury. The jury found the defendant guilty of battery causing serious bodily injury, meaning they agreed the victim’s concussion/loss of consciousness was a serious injury.

Although the jury hung on the separate GBI enhancement allegation in that case, leading to legal questions about retrial of the enhancement, there was no dispute that the injury itself. The concussion was of a type that could qualify as great bodily injury. The case underscored that juries sometimes wrestle with the line between “serious” and “great” injury, but in practice a knockout blow usually crosses that line.

Prosecutors routinely list concussions as an example of GBI when explaining the law. For instance, legal guides note that injuries qualifying as great bodily injury “typically include broken bones, loss of consciousness, concussions, burns, and lacerations requiring stitches.” This reflects common understanding in the courtroom: if a victim suffered a concussion, that is generally not a “minor” injury – it’s a significant trauma to the brain.

Cases where concussions might not qualify as GBI

That said, not every concussion automatically triggers a GBI finding.

There is a range of severity with concussions from a mild concussion with brief dizziness, to a severe traumatic brain injury with extended unconsciousness or lasting effects. California law requires the injury to be significant or substantial in the specific context.

In other words, a mild concussion that results in minimal symptoms and a quick recovery might be debatable. The jury must look at how serious it was:

Did the victim lose consciousness? Even a momentary loss of consciousness is a strong indicator of a concussion being significant.
Did the victim need medical treatment or hospitalization? If a doctor diagnosed a concussion, especially if the person was kept in the hospital for observation or had serious symptoms (vomiting, confusion, etc.), that points to substantial injury.
How long did effects last? A concussion that causes ongoing headaches, memory issues or other lasting problems is more clearly “great bodily injury” than one where the person felt better by the next day.

In essence, a concussion will often be treated as great bodily injury under California law, particularly if it involved a knockout or notable symptoms.

Defense attorneys, however, may argue on the margins – for instance, if the concussion was very mild – that it didn’t rise to the level of “great” harm. But one should definitely not assume a concussion is trivial in the eyes of the law. Brain injuries are taken seriously; California courts recognize even a “mild” traumatic brain injury is still a trauma to the brain.

If you are accused of causing someone a concussion, be prepared for prosecutors to pursue the GBI enhancement in many cases.

GBI allegations in Los Angeles County (Prosecutors’ approach)

How are great bodily injury cases handled in Los Angeles County? The application of these laws can vary by jurisdiction and prosecutorial policy. Los Angeles County, in particular, has seen evolving practices in recent years due to criminal justice reform efforts.

Here’s what you need to know about the Los Angeles County District Attorney’s Office and GBI enhancements:

Historically aggressive charging

Traditionally, Los Angeles prosecutors (like most in California) would aggressively charge the GBI enhancement whenever the evidence supported it.

In a violent crime case – say a robbery or assault where the victim ended up with a concussion – the DA’s office would almost certainly add a Penal Code 12022.7 allegation to the charges.

The rationale is straightforward: it increases potential punishment and leverage. By charging the enhancement, prosecutors put the defendant on notice that if convicted they face extra years in prison. In Los Angeles courts, as in others, juries are asked separately to determine if the defendant caused great bodily injury. If the jury finds it true, the judge must add the specified years to the sentence.

Recent reform policy (Gascón’s directive)

In December 2020, newly elected LA District Attorney George Gascón implemented a sweeping policy change regarding sentencing enhancements.

In a special directive, he ordered that sentencing enhancements (including great bodily injury allegations) shall not be filed in any cases and should be withdrawn on pending cases.

This was part of a reform-minded approach, arguing that the base penalties were sufficient and that excessive add-ons led to overly long sentences. In theory, under this policy, even if a victim had a serious injury like a concussion, line prosecutors in LA County were instructed not to charge the 12022.7 enhancement

Gascón’s blanket no-enhancements policy was controversial and met with resistance. Over time, there have been revisions and exceptions to the policy.

Amid public pressure and court challenges, the DA’s office clarified that in certain extreme cases (for example, particularly egregious violent crimes or at the request of management) enhancements might still be pursued.

By mid-2021, some reports indicated the policy was softened to allow enhancements in specific circumstances (such as hate crimes or cases involving vulnerable victims).

What this means for GBI: It is possible that in some Los Angeles cases today, prosecutors will refrain from alleging GBI even if the facts could support it – following the spirit of the reform.

However, defendants cannot rely on that as a guarantee. Policies can change with new leadership or backlash; indeed, Gascón’s directives have been amended and litigated. As of now, Los Angeles still has the law on the books, and a future DA (or even Gascón under pressure) could resume routine filing of GBI enhancements for cases like concussion injuries.

How do Los Angeles courts handle GBI evidence?

When a GBI allegation is pursued in LA, expect the prosecution to bolster their case with solid evidence of injury.

The Los Angeles DA’s office has access to resources like medical experts from major hospitals, police investigators who will gather hospital records and doctor statements, etc.

In a concussion GBI case, the prosecutor will likely present testimony from the treating physician or medical records indicating the victim’s diagnosis, symptoms, and treatment. Los Angeles juries, like others, respond to clear evidence of serious harm. If the victim’s concussion is well documented (ER records showing a head injury, perhaps scans done to check for brain bleeding, etc.), the jury is more likely to find “great bodily injury” true.

Local emphasis in domestic violence cases

In Los Angeles County, officials have placed particular emphasis on domestic violence cases involving serious injuries.

The LA District Attorney’s Office has units dedicated to family violence, and they are keenly aware of the GBI enhancement in domestic abuse incidents. For instance, if a domestic abuser causes a concussion to their partner, that case might be charged under Penal Code § 273.5 (domestic injury) with a 12022.7(e) GBI enhancement.

Even under Gascón’s policy, domestic violence offenses were an area where some exceptions were considered due to the vulnerability of victims. So, in LA County, you can expect that a concussion resulting from domestic violence will be taken very seriously and quite possibly charged to the fullest extent, despite the general stance against enhancements.

Navigating these nuances in Los Angeles requires an attorney who is up-to-date on the latest DA policies and how to leverage them, as well as someone experienced with LA County judges and juries.

What is the impact of a GBI enhancement on assault, domestic violence and robbery charges

When a great bodily injury enhancement is added to a charge, it dramatically raises the stakes.

Let’s look at a few common types of cases — assault, domestic violence, and robbery — to see the implications of a GBI finding in each:

Assault & battery cases

In California, a simple assault (Penal Code § 240) or even an “assault with force likely to produce great bodily injury” (§ 245(a)(4)) does not require that the victim actually be seriously hurt — only that significant force was used.

However, if the victim does suffer a serious injury such as a concussion, prosecutors can add a GBI enhancement.

For example, imagine a bar fight where a single punch knocks someone out and causes a concussion. The aggressor might be charged with assault by means likely to produce GBI plus a GBI enhancement for the concussion. If convicted of the assault alone, the person might face two to four years in prison.

The GBI enhancement adds at least three consecutive years, raising exposure to five to seven years. Additionally, the assault becomes a serious-felony “strike” because of the GBI finding. Even a wobbler offense like battery causing serious injury (§ 243(d)) can become a mandatory state-prison felony once GBI is alleged.

Domestic violence charges

California’s domestic-violence injury law (§ 273.5) punishes those who inflict a “traumatic condition” on an intimate partner.

Injuries range from minor to severe. If a victim suffers a concussion during a domestic incident — say, a spouse hits a partner’s head against a wall — two layers of charges can apply:

The base offense under § 273.5, and
A domestic-violence-specific GBI enhancement (§ 12022.7(e)).

The base felony can carry up to four years in prison, while the enhancement can add three to five more, potentially doubling the sentence. A conviction with GBI also becomes a violent-felony strike, requiring 85 percent of the sentence to be served and carrying serious collateral consequences (e.g., immigration, child-custody impacts). Prosecutors often leverage the threat of the GBI enhancement to pressure defendants into pleas.

Robbery and other felonies

Robbery (§ 211) is already a serious felony, but not all robberies involve injury. If, during a robbery, the perpetrator seriously injures a victim — for example, pistol-whipping that causes a concussion — the district attorney can charge a GBI enhancement.

A second-degree robbery normally carries two to five years in prison; GBI tacks on at least three more. First-degree robbery still receives the added years. Any felony with personal infliction of GBI becomes a violent felony (§ 667.5(c)(8)), meaning no early parole and an additional strike.

Other felonies like rape, kidnapping, carjacking, assault with a deadly weapon, DUI causing injury can all carry GBI enhancements if the victim suffers a concussion or comparable injury.

Defending against a GBI enhancement for a concussion injury

If you are accused of causing great bodily injury through someone’s concussion, strategic defenses exist. Fighting a GBI enhancement often means challenging both the injury evidence and the prosecution’s narrative.

Argue the injury is not “great” in severity

Concede that an injury occurred but argue it wasn’t significant or substantial enough to count as great bodily injury. A mild concussion without loss of consciousness or lasting effects may not meet the legal threshold.

Dispute causation

The prosecution must prove the defendant personally inflicted the injury. If the victim’s concussion resulted from an intervening event, such as tripping and hitting a curb while fleeing, the defense can contest causation. In group assaults, challenge the proof of which blow actually caused the concussion.

Use expert medical testimony

Hire a neurologist or other expert to testify that the concussion was mild or that symptoms stemmed from alternate causes (e.g., alcohol). Normal imaging results or quick recovery can undercut claims of severity.

Highlight lack of corroborating evidence

Because concussions leave no visible mark, the prosecution relies heavily on medical reports and victim statements. Point to inconsistencies, delayed medical visits, or absence of objective findings to create doubt.

Negotiating to reduce charges

A vigorous defense can persuade prosecutors to drop or reduce the GBI enhancement in exchange for a plea to the base charge, eliminating extra prison time and strike consequences.

Each case is unique; early expert consultation and evidence review are critical to mounting an effective defense.

Factors that influence GBI findings in concussion cases

Several key factors shape whether a concussion is deemed great bodily injury:

Medical records and diagnosis

Clear documentation of concussion, head trauma, or significant symptoms (confusion, vomiting, loss of consciousness) strongly supports a GBI claim. Sparse or ambiguous records help the defense.

Hospitalization or medical intervention

Hospital stays, CT scans, or MRI imaging suggest seriousness. Brief examinations with quick release indicate a less severe injury.

Loss of consciousness and immediate effects

Being knocked unconscious—even briefly—or showing disorientation bolsters the prosecution’s argument. Remaining alert and functional supports the defense.

Photographs and visible injury

External signs such as bruises or swelling reinforce concussion claims; minimal outward injury may weaken them.

Victim’s long-term effects and recovery

Lingering headaches, missed work, or cognitive issues point toward substantial injury. Quick, full recovery suggests otherwise.

Expert interpretation

Prosecution experts frame concussions as significant brain injuries; defense experts highlight that most are mild and fully recoverable. Expert framing can sway jurors.

Ultimately, a GBI determination is a battle of narratives. Undermining even one factor can instill reasonable doubt.

Protect your rights – we can help

A concussion can qualify as great bodily injury under California law. If you face a GBI enhancement, you risk years of additional prison time and a violent-felony strike. Legal standards are intricate, and medical evidence is often contested.

Helfend Law Group has decades of experience defending clients against serious charges and enhancements throughout California. We know how prosecutors operate and the strategies needed to challenge GBI allegations—whether by disputing medical severity, questioning causation, or leveraging current policy trends.

If you or a loved one has been charged with causing great bodily injury — such as a concussion — do not wait. Contact Helfend Law Group today at 800-834-6434 for a free consultation. We will review your case, answer your questions, and build a strong defense to protect your rights and freedom.

References

California. Penal Code. § 12022.7. “Great Bodily Injury Sentencing Enhancement.” California Legislative Information, State of California, 2025, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=12022.7. Legislative Information
California. Penal Code. § 12022.7(e). “Great Bodily Injury Under Circumstances Involving Domestic Violence.” FindLaw Codes, Thomson Reuters, 2025, https://codes.findlaw.com/ca/penal-code/pen-sect-12022-7/. Findlaw
California. Penal Code. § 240. “Assault Defined.” California Legislative Information, State of California, 2025, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=240. Legislative Information
California. Penal Code. § 245(a)(4). “Assault by Means Likely to Produce Great Bodily Injury.” California Legislative Information, State of California, 2025, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=245. Legislative Information
California. Penal Code. § 243(d). “Battery Causing Serious Bodily Injury.” FindLaw Codes, Thomson Reuters, 2025, https://codes.findlaw.com/ca/penal-code/pen-sect-243/. Findlaw
California. Penal Code. § 273.5. “Corporal Injury Resulting in a Traumatic Condition (Domestic Violence).” California Legislative Information, State of California, 2025, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=273.5. Legislative Information
California. Penal Code. § 211. “Robbery.” California Legislative Information, State of California, 2025, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=211. Legislative Information
California. Penal Code. § 667.5(c)(8). “Violent Felonies—Personal Infliction of Great Bodily Injury.” California Legislative Information, State of California, 2025, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=667.5. Legislative Information
California. Penal Code. § 1192.7(c)(8). “Serious Felonies—Personal Infliction of Great Bodily Injury.” FindLaw Codes, Thomson Reuters, 2025, https://codes.findlaw.com/ca/penal-code/pen-sect-1192-7/. Findlaw
In re Cabrera, 14 Cal.5th 1114 (Cal. Sup. Ct. 2023). SCOCAL (Stanford California Supreme Court Reports), 3 Mar. 2023, https://scocal.stanford.edu/opinion/re-cabrera-34709. scocal.stanford.edu