Mayhem

"Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear or lip, is guilty of mayhem." (Emphasis ours) (California Penal Code Section 203)

"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. (Emphasis ours) (CALCRIM Jury Instruction No. 801)

Punishment: 2, 4 or 8 years in the State Prison.

Aggravated Mayhem: ( California Penal Code Section 205) 

"...unlawfully, under circumstances manifesting extreme indifference to the physical or psychological well-being of another person, intentionally causes permanent disability or disfigurement of another human being or deprives a human being of a limb, organ, or member of his or her body." (Emphasis ours) It is not necessary to prove the intent to kill. 

NOTE: Aggravated Mayhem requires a specific intent to cause the maiming injury.

The difference between Mayhem and Aggravated Mayhem is that in Mayhem there must exist only the General Intent to do the acts alleged, whereas in Aggravated Mayhem there has to exist a Specific Intent on behalf of the defendant to cause a maiming injury.

Punishment: Life inprisonment in the State Prison with the possibility of parole. 

Contact Gregory B. Pike

Toll free at (888) 387-1101 or at gregorypike@gmail.com