Legal HElp please **10 pts for a thorough answer**?

Question

Would a red mark on a person and a little burnt skin about a few inches wide, (probably 1st degree burn) Be considered a "Great bodily injury" as stated in many Penal Codes?

THE AFTERMATH: The person who got the injury overall got a Barely noticeable Red scar (on his arm)

****Would this count as "permanent disfigurement" as stated in many of the Penal Codes?

***Can/Will someone get prosecuted for the aftermath of a little/barely noticeable burn mark?

Answer 1

In general, a good rule of thumb for the punishment enhancement of GBI, great bodily injury, is if the victim received hospital treatment, the injury will easily qualify for GBI.  

A first degree burn is very serious and also demonstrates a degree of malicious intent.  It is not too often one comes across a GBI caused by a burn.  Was someone pushed into or near a stove?  Also, even a small scar will qualify for permanent disfigurement.

Bottom line, it is up to the prosecutor to make the call regarding GBI.  But clearly, this scenario, at a minimum is an assault and/or battery...depending on your State.