Does this cirsumstance Qualify for "Serious injury required for hospitalization?"?

Question

ssomething happened at school where i hurt another student. and the overall after math of that injury was a red mark that was blistered and a little burnt skin. I reading the deginition of a "great bodily injury" and i came up with this "" The cases which we have upheld a finding of "great bodily injury" involved injuries serious enough to require hospitalization and/or serious rehabilative treatment" Would the injury i stated above Qualify as an Injury serious enough for Hospitalization????????? I think the burn (that was caused by a heated tool) was AT MOST a 2nd degree burn, and the red mark caused from the burn was a few inches wide. Please help me. By the was the next day (at school) the student showed up to school just fine with a rapped arm. Also, can someone give me some examples where hospitalization is requireD? Is hospitalization the emergency room?

Answer 1

Every State defines the terms for serious bodily injury or great bodily injury differently.  And what the statute says, meaning the definition, and what is the actual custom and practice in your area may be very different.  In CA, a deliberate burn from a metal object would qualify as serious bodily injury.  Treatment by a paramedic, ER room or urgent care would meet this requirement.

You need an attorney or one will be provided for you, free of cost.

**Tony***

On a personal note, asking this question several times a day, will not change the answer.  The prosecutor will file the charges but they have to prove each and every element of the crime beyond a reasonable doubt.  Please tell me you have an attorney or an attorney from the public defenders office.  Let them do the research and worry.  Your job is to stay out of trouble and go to court on time.  You may email me privately, if you wish to discuss more thoroughly.  And it would help if I knew what State you are in.  

Ok.  You are in CA.  Now you are a juvenile, correct?  What county and what court are you going to?

And BTW, SBI is a lesser enhancement than GBI... great bodily injury is worse than serious bodily injury.  That is good news to you.

And this is the State where a fist fight is an assault with a deadly weapon... a felony and a strike.  The weapon is a fist.

Answer 2

Hospitalization is actually being admitted to the hospital.  It's not the same as emergency room care; but sometimes emergency room patients will require hospitalization.  In any case, they are different.  It seems in this case that the injured student did not require more than emergency room care here and that he/she was not admitted to the hospital.

Answer 3

OK, I'm not sure how many times you are going to ask this.  I suppose you must be looking for the best 50 out of 99, but here goes.

For criminal liability, it's really the INTENT that counts, not the aftermath.  So, for instance, if you threw a gallon of sulfuric acid at someone, but only a drop actually landed on the skin, causing a small blister, it would be GBI, because your obvious intent was to cause GBI.

Likewise, if you gave some guy an ear flick, but he ended up being stunned enough to step backwards, where he tripped over a backpack, which caused him to fall against a supply cabinet, which shook a shelf which caused ethyl alcohol to fall down, which soaked his clothes, then, as he walked out of the room he developed static discharge on the doorknob, which ignited the alcohol, causing burns all over his body, it is not GBI, because that was obviously not your intent when you flicked the guy's ear.

This goes for civilian prosecutions.  If you are talking about school discipline, then it's a different ball game.  The administration may impose pretty much any discipline it desires.