Consequences of Mayhem (PC 203)

What exactly constitutes mayhem in California? Although mayhem is more commonly used in everyday language to describe a scene of general chaos or commotion, the legal definition of mayhem is much more complicated.

Mayhem is defined under California Penal Code Sections 203-205. Pursuant to PC 203, mayhem is defined as unlawfully and maliciously:

• Depriving a human being of a member of his or her body
• Disabling, disfiguring, or rendering the body part useless
• Cutting or disabling the tongue of a human being
• Putting out an eye of a human being; or
• Slitting the nose, ear or lip of a human being

How is Mayhem Prosecuted?

If you maliciously carry out any one of the aforementioned actions, you could be convicted of mayhem. If it cannot be proven that mayhem was inflicted maliciously (or with the intention to commit a wrongful act or acting with the unlawful intent to annoy or injure another), then the act does not qualify as mayhem.

California’s Criminal Jury Instructions (CALCRIM) No. 801 lays out the following additional stipulations on how you could be found guilty of mayhem:

• The disablement of a body part must be more than slight or temporary. This means that inflicting a superficial cut on someone’s ear (which does not require surgery) does not qualify as mayhem. The injury must be so egregious as to significantly interfere with someone’s life.
• The injury to the eye must so significantly reduce the person’s ability to see such that it is useless for ordinary sight.
• Disfigurement must be permanent (a disfiguring injury may be considered permanent even if it can be repaired by medical procedures).
• The victim of mayhem must be alive at the time of the act. If the victim dies, a more severe charge of murder can be brought.

Penalties for Mayhem (PC 203)

Mayhem is a serious felony in California. If you are convicted of mayhem under California Penal Code Section 204, you could be sentenced to two, four or eight years in state prison and fines of up to $10,000. A conviction of mayhem will also count as a strike on your record under California Three Strikes Law. With a strike on your record, you could face more severe punishment in the event of future convictions.

What is Aggravated Mayhem?

Defined under PC 205, aggravated mayhem takes into account the extremity (physically or psychologically) of an attack. Aggravated mayhem is the unlawful act of:

• Intentionally causing permanent disability or disfigurement of another human being; or
• Depriving a human being of a limb, organ, or member of his or her body; AND
• Under circumstances manifesting extreme indifference to the physical or psychological well-being of another person

It is not necessary that you had the intent to kill to be found guilty of aggravated mayhem. As a more severe felony, aggravated mayhem is punishable by imprisonment in state prison for life with the possibility of parole under PC 205.

What is Assault with the Intent to Commit Mayhem?

Even if you do not complete an act of mayhem, the mere intent to commit mayhem during an assault may increase your prison sentence. A successful conviction of assault with intent to commit mayhem does not require any actual injury, dismembering, disabling or otherwise maiming of the victim to occur.

Under CALCRIM No. 891, to be convicted of intent to commit mayhem, you must have had:

• The ability to apply force
• The willful intent to apply force, and
• The reasonable knowledge that the act would directly and probably result in mayhem.

If you are convicted of assault with the intent to commit mayhem under PC 220, you face two, four or six years in state prison. A simple assault without the intent of mayhem under PC 240 is a misdemeanor punishable by a maximum of one year of imprisonment.

Defenses to Mayhem

In order to convict you of mayhem, every element in the legal definition must be met. For example, if a construction worker accidentally drops a saw on a coworker’s arm and cuts it off beyond repair, this would not constitute mayhem. By virtue of being an accident, the incident lacks the requisite malicious intention.

However, even if all the elements to mayhem are successfully proven, your experienced attorney may be able to cite certain “affirmative defenses” to lessen the charge or reduce the sentence. These include:

• Self-defense
• Defense of another
• Alibi – You were not there during the time of the alleged incident
• Duress/threats
• Accident
• Entrapment
• The statute of limitations had expired

These defenses may serve to reduce or dismiss your charge of mayhem. However, an “imperfect” self-defense (in which someone commits a criminal act as a result of a mistaken belief they are or will be attacked) is not a valid defense to charges of mayhem.

Call the Mayhem Attorneys at Wallin & Klarich Today

If you are being charged with mayhem or aggravated mayhem, contact our experienced attorneys at Wallin & Klarich. Our skilled criminal defense attorneys have over 40 years of experience successfully defending our clients facing charges of serious felonies in California. If you are faced with a mayhem charge, we are confident that we can help you achieve the best possible outcome.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.

Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will be there when you call.

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