A defendant can be convicted for aggravated mayhem even if he does not intend to kill the victim.
How Does The Prosecutor Prove Aggravated Mayhem?
To prove that the defendant is guilty of aggravated mayhem under penal code 205, the prosecution must prove the following facts or elements:1
- The defendant unlawfully and maliciously2 disabled or disfigured someone permanently3 or deprived someone else of a limb, organ, or part of his/her body;
- When the defendant acted, he/she intended to permanently disable or disfigure the other person or deprive the other person of a limb, organ, or part of his/her body4; AND
- Under the circumstances, the defendant’s act showed extreme indifference to the physical or psychological well-being of the other person.
- Kicking the victim with your foot after stabbing the victim
- Holding the victim down while stabbing the victim
- Taunting the victim after having seriously injured the victim
If the disability ends up being prolonged but temporary, it could be sufficient for a conviction under this offense. Additionally, if the disfiguring injury may be repaired by medical procedures, it could be sufficient for a conviction under this offense.
Importantly, the defendant is not required to have intent to kill; intent to maim is sufficient.
How Can You Fight Aggravated Mayhem?
There are several defenses that your attorney can assert on your behalf to fight a charge of aggravated mayhem.
If a defendant maimed another person while trying to defend oneself or another, he/she will not be charged with the offense. To succeed on this defense, the defendant must show that his/her actions resulted from a reasonable use of force to resist a reasonable fear of death or bodily harm.
The degree of force used in self-defense or defense of others must be proportional to the threat perceived, and the threat perceived must be something that would place a reasonable person in fear of death or great bodily harm. Mere words or insults do not suffice.
Penalties & Punishment For Aggravated Mayhem?
If a defendant kills the victim as a result of a serious injury, even if the defendant did not intend to kill the victim, the defendant will be still be charged.
Diana Aizman a Los Angeles murder attorney explains that 1st-degree murder under penal code 187 will be charged in this scenario.
- Penal Code 206 California’s “Torture” Law
- Penal Code 273.5 California’s “Domestic Violence” Law
- Penal Code 203 California’s “Mayhem” Law
- Penal Code 210.5 & 236 California’s “False Imprisonment” Laws
- Penal Code 245(a)(1) California’s Assaul With a Deadly Weapon Law
Next Steps If You Need Help
If you have been arrested and would like to learn more about how attorneys charge.
If you want to understand why its important to have an attorney represent you.
If you would like to discuss a pending case with an attorney contact the Aizman Law Firm at 818-351-9555 for a free confidential consultation.
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- Penal Code 205
- Someone acts maliciously when he or she intentionally does a wrongful act or when he or she acts with the unlawful intent to annoy or injure someone else. Malicious Defined. Pen. Code, § 7, subd. 4; People v. Lopez (1986) 176 Cal.App.3d 545, 550 [222 Cal.Rptr. 101].
- A disfiguring injury may be permanent even if it can be repaired by medical procedures. Permanent Disfigurement. See People v. Hill (1994) 23 Cal.App.4th 1566, 1571 [28 Cal.Rptr.2d 783]; see also People v. Newble (1981) 120 Cal.App.3d 444, 451 [174 Cal.Rptr. 637] [head is member of body for purposes of disfigurement].
- “Aggravated mayhem . . . requires the specific intent to cause the maiming injury. Evidence that shows no more than an ‘indiscriminate attack’ is insufficient to prove the required specific intent. ((People v. Park (2000) 112 Cal.App.4th 61, 64 [4 Cal.Rptr.3d 815].