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California Felony Charges with Great Bodily Injury by Pregnancy

By Walin & Klarich

Pregnancy Can Be Considered "Great Bodily Injury" Under California law, anyone who in the commission of a felony ?personally inflicts great bodily injury?.shall be punished by an additional and consecutive term of imprisonment.? (Penal Code §12022.7, subd. (a), italics added.) Under the ?one strike law? (§667.61), when a Defendant is convicted of a specified California sex offense, and the jury finds true a 12022.7 allegation, the court must sentence the defendant to a term of 15 years to life. In an August 28, 2008 opinion in People v Cross, the California Supreme Court held that a pregnancy without medical complications that results from unlawful but non-forcible sexual conduct with a minor can support a finding of ?great bodily injury? under California law...continue to full post

Full post as published by Southern California Criminal Defense Blog on November 14, 2008 (boomark / email).