What is the current state of the law on the definition of "great bodily injury"?

California, United States of America


The following excerpt is from People v. Berkley, F060201, Super. Ct. No. VCF230651 (Cal. App. 2011):

People v. Hale (1999) 75 Cal.App.4th 94, 108 [broken and smashed teeth, split lip, and cut under victim's eye were sufficient evidence of great bodily injury]; People v. Jung (1999) 71 Cal.App.4th 1036, 1042 ["Abrasions, lacerations, and bruising can constitute great bodily injury"].)

"[D]etermining whether a victim has suffered physical harm amounting to great bodily injury is not a question of law for the court but a factual inquiry to be resolved by the jury. [Citations.] '"A fine line can divide an injury from being significant or substantial from an injury that does not quite meet the description."' [Citations.] Where to draw that line is for the jury to decide." (People v. Cross (2008) 45 Cal.4th 58, 64.)

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