The crime of mayhem refers to maliciously disfiguring or disabling another person. There are a number of details that distinguish mayhem from the more serious offense of torture and the less serious crime of battery. With so many critical distinctions involved in this crime, it is critical you speak with a San Diego criminal lawyer as soon as someone accuses you of mayhem.
Whereas torture charges are largely based on the intent of the defendant rather than the injuries to the victim, mayhem cases are more focused on the nature of the victim’s injuries than the type of force used. That’s because mayhem charges require the prosecutor prove the defendant unlawfully and maliciously deprived, disabled or disfigured a part of the victim’s body, removed an eye, or slit the nose, ear or lip of the victim. If the victim is not disfigured or disabled, mayhem did not occur. As you can imagine, despite these terms having specific legal definitions, there is a lot of room for debate when it comes to many specific injuries. That is why San Diego criminal attorneys will often work to have the charges reduced to battery by arguing that the victims injuries are not disabling or disfiguring.
Other defenses against mayhem charges include self defense (in fact, many women’s self-defense classes go out of their way to show students how to dismember or disable someone in order to get away), and accidents. Since there are so many nuances involved in mayhem laws, you should not speak with the police or anyone else about the case until you first discuss your circumstances with a San Diego criminal lawyer.
If you are convicted of mayhem, you can face up to eight years in prison, a $10,000 fine and formal probation. Even worse, you could face additional penalties if the victim suffers great bodily injury or if he or she is under 14, over 65, blind, deaf, developmentally disabled, a paraplegic or a quadriplegic.
Mayhem is a very serious crime. If you have been charged with any type of violent crime, including mayhem, torture, assault or battery, please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation with top San Diego defense attorney Peter M. Liss.
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