serious bodily injury vs great bodily injury

Appellant Albert Nava was convicted by jury of two counts of robbery (Pen. Rptr. 438 [233 N.E.2d 631, 636]. Found inside – Page 3-893In Gutierrez v. ... carry[ing] with it substantial risk of 'causing death or serious bodily harm. ... 1997), cert. denied, 552 U.S. 1116 (1998); Harris v. ), Penal Code section 12022.7 was amended in 1977 to strike out the detailed definition of "great bodily injury" and substitute the following definition: "As used in this section, great bodily injury means a significant or substantial physical injury." We need not address whether the erroneous instruction in this case requires per se reversal. [21 Cal. While Rosa's injuries may differ from those in People v. Villarreal, supra, 173 Cal. We deem it significant that Penal Code section 12022.7, as amended in 1977, speaks of physical injury. As the majority explains, section 461 of the Penal Code (all statutory references are to that code) prescribes enhanced punishment for the intentional infliction of "great bodily injury" upon any occupant of the premises burglarized. Any physical injury that causes great pain and suffering or serious mental abuse is considered a serious physical injury. In order to be convicted … At their worst, fractures may be life threatening and cause crippling injuries; at their least, they may cause nothing more than frantic jumping -- the result of a toe stubbed against an unmoving chair leg. As such it supports the Johnson conclusion that a broken bone may be great bodily injury but does not support the conclusion that every bone fracture is great bodily injury as a matter of law. Death, and. Rptr. When Tod refused to give it up, the fight continued. The People seek to introduce considerations -- other than actual distance -- as determinative of what constitutes "sufficient movement" of the victim to constitute the offense of kidnaping pursuant to Penal Code section 207. (See Stafford v. Realty Bond Service Corp. (1952) 39 Cal. The Legislature must have intended "great bodily harm" to constitute something more than, and different from, "force" or "violence," since the statute did not set forth the alternative means of an act of sodomy accomplished by threat of force or violence, along with an act of sodomy accomplished by threat of great bodily harm. Sometime later she had seen him in the apartment complex parking lot, working on an automobile. [Citation.] 2004) 104 P.3d 232, People v. Sheldon, (1979) 198 Colo. 519, 602 P.2d 869, People v. Thompson, (Colo. 1988) 748 P.2d 793, People v. Brown, (Colo. App. 17 has defined sodomy when it is accomplished by (1) force, (2) violence, (3) duress, (4) menace, or (5) threat of great bodily harm. of Supreme Court of California opinions. In general, though, a great bodily injury means: a significant injury, or; a substantial physical injury. In People v. Richardson (1972) 23 Cal. 457, 545 P.2d 833].). Florida statute 316.1933 specifically refers to bodily injury in connection with motor-vehicle accidents. He asked her if she could get pregnant; she said she did not think so. Whether an injury counts a “great bodily injury” can affect penalties in some DUI cases. In People v. Burroughs (1984) 35 Cal. Code, § 245, subd. Rptr. She had difficulty [207 Cal. Some examples of serious bodily harm may include: Paralysis. Found inside – Page 563... such as serious physical injury or great bodily harm.18) Causing bodily injury ... 14It is common to aggravate liability for assault against a police ... But in Brown, this court, in holding that forcible rape itself constitutes "bodily harm," disapproved of "[a]ny statement to the contrary" in McIlvain. Found inside – Page 1196Winzel v . State , 83 S. W. 187 . the assault was committed with premeditated calculated to inflict great bodily injury . Held , [ 1 ] ( Tex . fn. If you file the wrong claim, your mistake may have cost you the chance to settle or receive compensation for your injury case. He ordered her to undress. The group was listening to music coming from Sotelo's car stereo. If your accident caused great bodily harm or permanent disability to another person, you can face DUI penalties, including a prison sentence of … Attach another file if needed. 3d 569] mouth. 3d 130, 136 [158 Cal. Noting that a burglary is escalated from the second to the first degree when it involves an assault upon an occupant of the premises, the court reasoned that the great-bodily-injury provision "was designed to [21 Cal. at pp. [¶] (f) Serious disfigurement. Texas has a rather different classification in terms of harm vs. serious bodily injury, the latter being. Code, § 288a), in and of itself, constitute great bodily injury under the burglary statute (Pen. 467, 523 P.2d 267], People v. Brown (1974) 11 Cal. 6 Deering's Advance Legislative Service, page 375. Thus, we have said that "we must apply every statute in the case according to our best understanding of the legislative intent; ..." (People v. Daniels, supra, 71 Cal. Found inside – Page 25... to create a substantial risk of causing death or serious bodily harm. ... death if these devices are not properly used or applied against suspects. 426], also involved a question of interpretation of what constitutes "great bodily injury" under Penal Code section 213 (robbery). Appellant placed the equalizer he was carrying on the kitchen table and telephoned his girlfriend to pick him up. 9 West's California Legislative Service, page 4795; No. Wilbur F. Littlefield, Public Defender (Los Angeles), Harold E. Shabo and G. Keith Wisot, Deputy Public Defenders, as Amici Curiae on behalf of Defendant and Appellant. 3d 1492] within the meaning of sections 667, subdivision (a), and 1192.7, subdivision (c)(11). Generally speaking, serious bodily harm is defined as any injury that seriously interferes with the person’s health or comfort, and that is long-lasting rather than short-lived. fn. 3d 14 [137 Cal. (See 2A Sutherland, Statutory Construction (Sands rev. The term “serious bodily injury” means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious … • The weapons used to cause injury. Appellant was charged with assault by means of force likely to produce great bodily injury on Rosa Rodriguez. 250, 522 P.2d 1058], that "[t]he statutory language [of section 207] implies that the determining factor in the crime of kidnaping is the actual distance of the victim's movements; and further, that the minimum movements necessary for the commission of the crime are present where the victim is forcibly taken 'into another part of the same county.' Batter a child age 10 or younger, causing him serious bodily injury… 3d 348 [92 Cal. 831.). In our view, this position is lacking in substance. That the Legislature did not intend to equate the concept of "great bodily injury" with the commission, in and of itself, of the crime of rape, is further supported by a consideration of the language used by the Legislature in defining, not only the crime of rape, but the crimes of sodomy and oral copulation as well. 3d 1493] curtain rod and ran out. It is defined as “bodily injury which creates a high probability of death, or which causes permanent disfigurement, or which causes a permanent or protracted loss of impairment of the function of any bodily member or organ or other serious bodily harm.” Code, § 264), it should be held to constitute great bodily injury for robbery (Pen. The first is personal injury and the second is bodily injury. Assault a person of another with a deadly weapon or instrument with any force likely to produce great bodily injury or with a firearm. Car accident great bodily harm is any major serious injury or death suffered in a motor vehicle accident. How does serious bodily injury enhance an assault charge? (People v. Ralph (1944) 24 Cal. However, the Legislature is the proper governmental body to consider whether rape per se is a basis for the enhancement of punishment and to so provide if they deem it appropriate. This means if a defendant if convicted of that higher degree charge, he/she can expect harsher sentencing. (Cf. [Crim. Serious Bodily Harm Law and Legal Definition Serious bodily injury or harm is the serious physical harm caused to the human body. Accidental Bodily Injury means bodily injury which is accidental, sudden, and is not mental or emotional injury or distress, and is independent of sickness, disease or bodily infirmity, and occurs during the period of the Rental Agreement and the Coverage Period. Chessman reached this result by relying on the interpretation of "bodily harm," set forth in People v. Tanner (1935) 3 Cal. Subscribe to Justia's Free Summaries We note again that both sections 243, subdivision (e)(5), and 12022.7, in their basic structure, require that a trier of fact determine whether any given injury rising to a level of seriousness such that it can, in the context of section 243, subdivision (e)(5), be described as a "serious impairment of physical condition" or in the context of section 12022.7 as a "substantial and significant" injury. Code, § 461) because it is not an element of either offense. 3d 588]. It usually refers to those injuries that create a substantial risk of death or that cause serious, permanent disfigurement or prolonged loss or impairment of the function of any body part or organ. Pursuant to California Rules of Court, rules 976.1 and 976(b), this opinion is certified for publication with the exception of section II A. FN 2. The 1976 version of subdivision (c) of Penal Code section 288a fn. Appellant contends as to one of the charges of robbery, the trial court erred in failing sua sponte to instruct concerning the lesser included offense of assault and the trial court erred when it instructed the jury that the fracture of a bone is a significant and substantial injury within the meaning of section 12022.7. Here, again, the statutory language for the crime of oral copulation is the same as it is for the crime of sodomy in distinguishing between the use of force and violence to accomplish the offense and the use of threats to accomplish the offense -- the threats required being those of great bodily harm. 3d 588, 601 [114 Cal. The Cardenas court referred with approval to the dissenting opinion of Schauer, P. J., in People v. McIlvain (1942) 55 Cal. (Bard & Ellison, Crisis Intervention and Investigation of Forcible Rape, The Police Chief (May 1974)at pp. Dr. Marshall took a slide which, after being analyzed, revealed that semen had been present in the victim's vaginal vault. Court of Appeal Case(s): B051010 App. We modify the judgment accordingly. 2), 5 years to life for burglary in the first degree (Pen. Linda called the police. Sample 2. Gen. 23, 25 (1976).) It must accept the Legislature's [21 Cal. He cautioned her to be very quiet and, when the elevator door opened again, took her to a small windowless storage room beside the elevator on the second floor. Personal injury is broader than bodily injury. How can I get an expungement of a domestic violence conviction in Colorado? Code, § 207).) According to the Law, serious bodily injury is a severe physical injury caused to another person. FN 8. It stated the instruction was proper under the facts of that case. February 23, 1989. This court went with language in the cases saying the two different terms “great bodily harm” and “severe bodily injury” were intended by the legislature to achieve different results. (Ibid.) I know everything about you. fn. (Italics added.) fn. This is defined as a significant or substantial physical injury. 13. To so construe the language of Penal Code section 461 would constitute an emasculation of the statute, contrary to the admonition that, in construing a statute, "it is our duty to ... achieve a 'sensible construction.' fn. The construction indicated for Penal Code sections 261 (rape), 286 (sodomy), and (288a) (oral copulation) appears to us to be mandated by the principle of statutory construction "'that a statute should be construed [21 Cal. Defendant was sentenced to state prison for each offense. 5 hours ago Legalmatch.com Get All . Rptr. At the time the 1967 amendments to Penal Code sections 461, 213 and 264 became effective, the Penal Code did not define the term "great bodily injury" as it was added to sections 461 (burglary), 213 (robbery), and 264 (rape) for penalty enhancement. Hence, we ordered that the simple kidnaping charges be set aside. In the CALJIC authors' Comment to Instruction No. 6 Deering's Advance Legislative Service, page 358. If no injury is caused then the court will look to the intent and actions of the defendant.The attorney, in discussing the case with the District Attorney, argue that either the injury is not that serious … 1139. [21 Cal. Found inside – Page 1927If there calculated to inflict death or serious bodily is no danger ... and to receive great bodily harm , it himself killed , he cannot say that such ... 3d 738 [114 Cal. A man, later identified by Maria as defendant, jumped into the elevator and pushed her against the elevator wall, covering her mouth with one hand and pressing a carving knife to her throat. Given the above definition confirming that a break or fracture includes any kind of break or fracture regardless of how unsubstantial it may be, it should be noted that “second or third-degree” does not refer to breaks or fractures in any way, but refers only to burns.9 So a burn less than a second- or third-degree does not qualify as serious bodily injury. FN 19. FN 3. 2d 166, 192 [238 P.2d 1001], that "[i]t is the fact, not the distance, of forcible removal which constitutes kidnaping in this state." The trial court also revoked appellant's probation in an earlier case. In discussing whether a broken jaw could qualify as a great bodily injury the Johnson court stated: "It is common knowledge that a bone fracture is not merely a transitory bodily distress, but a severe and protracted injury which causes significant pain and requires considerable time to heal. There is no generic category of injury listed which qualifies as great bodily injury without a determination of the quality of that injury. While a jury could very easily find the harm here to be great bodily injury, a reasonable jury could also find to the contrary. Her nose was swollen and obviously crooked. (e) A wound or wounds requiring extensive suturing. (See People v. Cardenas (1975) 48 Cal. App. (Id., at p. 3d 582] Code section 12022.7 was not intended to lessen the magnitude of bodily injury required by the 1976 detailed definition of great bodily injury. App. Separate concurring opinion by Bird, C. J. 2d 127, 133 [29 Cal.Rptr. He again forced her to orally copulate him, and ejaculated in Maria's mouth; Maria gagged, spit and vomited. While this may be true, it does not mean that every bone fracture is either a serious or great bodily injury. What does “bodily injury” mean in an assault case? 2d 838, 845 [186 P.2d 134]; In re Marriage of Pinto (1972) 28 Cal. At the very least the applicable standard of prejudice is that defined for federal constitutional error in Chapman v. California (1967) 386 U.S. 18, 21 [17 L. Ed. 122, 544 P.2d 1322].) (People v. Baker (1968) 69 Cal. The alleged discrepancies complained of by defendant were minor in nature: a variation of 10 seconds in the time Maria observed [21 Cal. The asportations involved in Stanworth and Stender, however, are to be compared with those found in cases such as People v. Thornton (1974) 11 Cal. 334], the victim was moved 200 feet, and this was held sufficient to support the conclusion that such movement was substantial in character rather than slight or trivial. Number of Exhibits: 1 Court of Appeal Case(s): F013315 Rosa did not seek medical attention that evening. (People v. Villarreal, supra, 173 Cal.App.3d at pp. (See People v. Daniels (1969) 71 Cal. It was determined that the finger may need to be amputated over time. And a Serious Physical Injury … Linda and a friend, Rosa Rodriguez, were in the kitchen talking. Substantial bodily harm involves greater injury or harm than the first term, but less injury or harm than the third. (See Chapman v. California, supra, 386 U.S. at p. 21 [17 L.Ed.2d at pp. The recovery is not relevant in terms of whether the injury was serious enough to constitute a higher degree of assault.13. So, if the victim’s injuries escalate to great bodily harm, the court could add extra and harsh penalties like jail time of three to six years. THE PEOPLE, Plaintiff and Respondent, v. ALBERT YANEZ NAVA, Defendant and Appellant, [Opinion certified for partial publication. A doctor performed a "closed reduction" to reset Rosa's nose and placed packing in her nostrils for five days. The terms "serious bodily injury" and "great bodily injury" are essentially equivalent. (Italics in original.) In rejecting this argument, the Richardson court made reference to the similar language of section 264 (rape) and stated: "This conclusion would eliminate the word 'great' from the statute. In all other respects, the judgment is affirmed. It is also important to note that serious bodily injuries do not have to cause permanent disability to be a “serious” injury but impair a person for a significant amount of time. The issue was whether a broken jaw was sufficient evidence of great bodily injury pursuant to section 12022.7. 1975, ch. Unlike serious bodily injury, it need not involve the impairment of a physical function. 2d 322, 331.) Effective July 1, 1977, section 286, subdivision (a), fn. If the crime itself requires the proof of injury then it is … 2.) Personal Injury vs Bodily Injury. 3d 577]. § mere "bodily injury''8 versus "serious bodily injury."" A. Instruction on Lesser Included Offense* * *. "... [7] [A]pplication of the rule that statutes in pari materia should be construed together is most justified, and light from that source has the greatest probative force, in the case of statutes relating to the same subject matter that were passed at the same session of the legislature, especially if they were passed or approved or take effect on the same day, ..." (Id., at p. 3d 413, 423 [121 Cal. (Brown, supra, 29 Cal. The court instructed the jury that "The term 'great bodily injury' as used in this instruction means a significant or substantial physical injury. For this penalty enhancement to be sustained, the prosecutor must prove beyond a reasonable doubt that the victim suffered serious bodily harm as a result of the criminal act. 1.Author: Ken Lamance This means if a defendant if convicted of that higher degree charge, he/she can expect harsher sentencing. App. Code, § 286), fn. The term “serious bodily injury” allows a lot of room for a lot of different kinds of injuries, even those injuries that were purely accidental and unintentional. Page 323. Prosecutors know this. Maria had diarrhea, and evacuated her bowels twice. What Is a Bodily Injury Claim. In People v. Jackson (1955) 44 Cal. 877, § 2, p. 1958) defines oral copulation as follows in subdivision (a): "Oral copulation is the act of copulating the mouth of one person with the sexual organ of another person." Legis. App. Code, § 213) and burglary (Pen. The judgment is reversed as to the conviction of kidnaping (count I). 3d 1136 [219 Cal. Defendant argues that if a forcible rape itself is deemed sufficient to support a finding of "great bodily injury," then such injury would occur in every case of forcible rape, and the 1967 amendment to Penal Code section 264 would be meaningless. 1216.) : physical injury suffered by the victim of a violent crime that causes a substantial risk of death, extended loss or impairment of a body part or function, or permanent disfigurement : physical injury that is more serious than that ordinarily suffered in a battery. We observe, however, that the court in Villarreal did not hold it is proper to instruct that a bone fracture is substantial and significant injury within the meaning of section 12022.7.

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