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Frequently Asked Questions (FAQ) about
Mayhem 
What is Mayhem?
Mayhem is the causing of serious bodily injury by unlawfully and maliciously removing,
disfiguring, or disabling of someone's body parts.
Serious bodily injury is a serious impairment of the body including loss or impairment
of function of any body part or organ, any injury requiring suturing (stitches),
or serious disfigurement.
To be "malicious," an unlawful act need only be intentional or the act has
to be intended to annoy or injure someone else.
What are the necessary elements to be found guilty of Mayhem?
To prove the defendant committed
Mayhem, the state must show that the defendant caused serious bodily
injury by unlawfully and maliciously:
- Removing part of someone's body;
- Disabled a part of someone's body and the disability is more than slight or temporary;
- Permanently disfigured someone;
- Cut or disabled someone's tongue;
- Slit someone's nose, ear, or lip; or
- Injured someone's eye so as to significantly reduce the person's ability to see.
What is the sentence / punishment for Mayhem?
Mayhem is a felony and is punishable by two, four, or eight years in state prison.
Cal. Pen. Code s. 204
What are possible defenses to charges of Mayhem?
To prove someone committed a crime, the state (through its prosecutors) must prove
beyond a reasonable doubt that the defendant committed each element of the crime.
Therefore, defenses to any crime start with negating one or more of the elements
of the crime. Additionally, some crimes allow for "affirmative" defenses
which, if the defendant can prove the defense applies, will result in a verdict
of "not guilty" even if the prosecutor proves the defendant met each of
the elements of the crime.
For
Mayhem, convincing the jury that the prosecutor failed to prove beyond
a reasonable doubt that the defendant acted willfully or maliciously, caused serious
bodily injury, etc. would be enough to get a not guilty verdict.
If the prosecutor can prove all the elements of
Mayhem, however, the defendant must prove that one or more justifications
for his actions existed (i.e., it is the defendant's burden to prove an affirmative
defense). For
Mayhem, some of these justifications include:
- Self-defense;
- Defense of another;
- Alibi;
- Duress / Threats;
- Necessity;
- Accident;
- Entrapment; and
- Statute of Limitations.
As with all information on this site, this information is provided for background
information only. It is not all inclusive and important information relevant to
your situation may not be on the website. If you have a legal issue, please do not
take any action (or inaction) based on information on this or any other site. Please
contact an attorney to discuss your case before making a decision on how to proceed.
You can reach an attorney at the
American Justice Center
by calling toll-free
1-877-432-5325.
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Contact Us:
980 9th Street,
16th Floor
Sacramento
California
95814
1-877-432-5325
toll-free
1-877-837-3609
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