Mayhem Laws in California - Penal Code 203 and 205 PC
California Penal Code 203 PC prohibits mayhem, the act of unlawfully or maliciously attacking another person in a way that causes disfigurement or disability. A conviction is a felony punishable by up to eight years in prison and fines of up to $10,000.
PC 203 says, "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."
California Penal Code 205 PC defines aggravated mayhem as intentionally causing someone a permanent disability or disfigurement or depriving the person of a limb, organ, or member of the body. This offense is a felony punishable by life in state prison.
PC 205 says, "A person is guilty of aggravated mayhem when they unlawfully, under circumstances manifesting extreme indifference to the physical or psychological well-being of another person, intentionally cause permanent disability or disfigurement of another human being or deprive a human being of a limb, organ, or member of their body. For purposes of this section, it is not necessary to prove an intent to kill. Aggravated mayhem is a felony punishable by imprisonment in the state prison for life with the possibility of parole."
Mayhem is a grave crime and carries a heavy punishment if somebody is convicted of it in Los Angeles County. Over the past twenty-five years, I've handled many mayhem offenses, and the crucial element that the prosecutors have to prove is that the defendant caused some disfigurement to the victim in the case.
To establish this disfigurement for purposes of mayhem, prosecutors are going to have to show that the individual who is the alleged victim has some permanent injury.
This permanent injury, for purposes of mayhem, can manifest itself by way of a scar or some disfigurement on the person – either on their face or some other visible area. For the crime of mayhem, the prosecutors are
Because of the severe nature of these offenses, the defendant will usually want to get an excellent attorney to represent him when considering a prison sentence if he has a mayhem charge in Los Angeles.
What are the Mayhem Defenses?
When I see these mayhem cases develop, they usually involve a fight with fists or a battle with some weapon, or one person has a gun and another doesn't.
The types of defenses that could be available in a mayhem case are self-defense and defense of others. Another big one that I see is people getting in a fight and being able to argue the concept of mutual combat.
They were meaning that both parties agreed to fight. It was a fair fight. Everybody acted reasonably in the fight, but one person won and caused some disfigurement. That doesn't necessarily mean the person is guilty of mayhem.
So, if you could be shown that you were reasonably defending yourself about an altercation with another person, then you wouldn't be responsible for the disfigurement that occurs.
On the other hand, if you were not acting in self-defense or at some point acting in self-defense, then your actions became unreasonable. If you went too far – like, for example, arming yourself with a weapon in a fistfight and acting unreasonably and causing disfigurement to the other party – then that wouldn't be a defense.
So, the defenses related to a mayhem charge depend on the totality of the circumstances surrounding whatever happened. And really, there will be a situation where one party may say one thing and another party may say another thing, so it's one person's word against another.
Witnesses and Video Evidence
So, the question arises: How would you resolve this conflict? The answer lies in evidence. Evidence, including witnesses and video recordings, is crucial in resolving disputes. Video evidence, in particular, is a powerful tool as it provides a clear picture of what transpired.
So, if there are witnesses on one side, that person will have a stronger argument than the other. If there are witnesses on both sides, now you're talking about a case that will probably go to trial, and a jury will have to decide whether a person is innocent or guilty of mayhem under Penal Code 205 PC.
The bottom line is this: You need to take control to achieve the best possible outcome in your case. This means securing the services of an attorney with a proven track record in handling mayhem cases, who is familiar with the local legal system and can effectively present your case in court if necessary.
Without all of these ingredients in a mayhem case, you're looking at a lengthy prison sentence, potential loss of certain rights, and several other penalties and ramifications that can come along with that.
These could include difficulty finding employment, housing, or obtaining professional licenses. The gravity of these potential losses underscores the importance of a strong defense.
We're here to help you navigate this challenging situation and provide the best possible defense for your case. Our commitment to your defense is unwavering, and we will do everything in our power to secure the best outcome for you.
In these cases, I like to get you in the office, and we go over everything. I get your whole story because often, the police and the prosecutor don't obtain your version of events. They only have one side of the story. So, your story needs to be told. Your perspective must be heard and understood in order to build a strong defense.
Sometimes, the truth lies within the middle, and to get that truth out, you'll need your advocate to go to bat for you, argue, do damage control, and show the prosecutors that you're not that person and deserve a chance. Could you contact the Hedding Law Firm to look over the details of your case?
It is a chance to save your freedom, reputation, and criminal record and get you out of the criminal justice system as fast as possible.
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