California Laws on Mayhem and Aggravated Mayhem

Mayhem vs Aggravated Mayhem

California Laws on Mayhem and Aggravated Mayhem

The crimes of mayhem and aggravated mayhem have precise definitions under California law. While the common understanding of the word “mayhem” is something similar to chaos, the crime of mayhem deals with maiming another individual. Whether you are charged with mayhem or a different offense depends on the type of injury the victim sustained.

The Crime of Mayhem Causes Serious Injury

For you to commit the crime of mayhem or aggravated mayhem, a California prosecutor must prove that you unlawfully and maliciously did any of the following to another person:

  • Amputated or removed a part of their body

  • Permanently disabled a part of their body

  • Disfigured them permanently

  • Disabled or cut their tongue

  • Cutting another part of their face, such as their ear, nose, or lips

  • Removing or injuring their eye in a way that blinds or disables the eye

As you see, the injuries required for a charge of mayhem are severe. They go beyond mere cuts, scrapes, or bruises and cause significant damage to another person. Often, the injuries result in that person suffering permanent disability or disfigurement.

Criminal Mayhem Requires Malicious Actions

However, accidentally causing one of the above injuries to another person is not criminal mayhem. California defines a malicious act as either:

  • Doing some wrongful conduct intentionally; or,

  • Conducting yourself with the intent to injure another person.

If you trip while carrying a kitchen knife and end up cutting someone else across the face, you have not committed the crime of mayhem. But if you meant to make a minor slash on someone’s arm and end up cutting one of their fingers off, you may be guilty of mayhem. Because you intended to injure them when you made your action, you were acting willfully under California law.

Aggravated Mayhem Requires Intentional Actions

To convict you of aggravated mayhem, a prosecutor must prove that you intentionally meant to disable or disfigure someone permanently. Depriving someone else of a body party, limb, or organ would count as a permanent disability or disfigurement. You also must have shown extreme indifference to the other persons well-being, either physical or psychological, to be convicted of aggravated mayhem.

The difference between ordinary and aggravated mayhem then comes whether you acted intentionally. In the example where you tried to cut someones arm but amputated a finger, you committed ordinary mayhem. However, if you meant to use your knife to remove a finger, you likely would be guilty of aggravated mayhem.

Punishments for Mayhem and Aggravated Mayhem

Both ordinary mayhem and aggravated mayhem are always felonies under California law. Because of the serious violent injuries involved, the sentences are harsh. A conviction for ordinary mayhem carries a penalty of:

  • Two, four, or eight years in state prison;

  • A $10,000 fine; and,

  • Felony probation.

Additionally, if you committed mayhem on a senior or minor or someone who was already disabled, you may face a sentence enhancement that can include another year or two in prison.

A conviction for aggravated mayhem can carry a sentence of life in prison with the possibility of parole. The punishment is severe because of the intentional violence required for the crime.

If you have been charged with either mayhem or aggravated mayhem in Orange, California, you will need an experienced criminal defense team. The Chambers Law Firm has the knowledge and skill to defend you against these serious charges. Contact us at 714-760-4088 or dchambers@clfca.com to request a free consultation with a member of our team.

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