California Penal Code Section 203 and 205 – Mayhem and Aggravated Mayhem
In California, the crimes of mayhem and aggravated mayhem are covered under Penal Code Sections 203 and 205. These laws make it illegal to maliciously deprive someone of a body part or disfigure them. While both are serious felonies, aggravated mayhem carries even stiffer penalties. Let’s take a closer look at what these laws say and what defenses you might have if accused.
What is Mayhem Under PC 203?
Mayhem is defined under California Penal Code Section 203 as unlawfully and maliciously depriving a human being of a member of his or her body, or disabling, disfiguring, or rendering it useless. A conviction is a felony punishable by up to 8 years in prison and fines of up to $10,000.
Some examples of mayhem include:
- Cutting off someone’s hand, finger, or ear
- Putting out an eye
- Slitting someone’s nose, ear, or lip
- Disabling a limb
- Scarring someone’s face with acid or a knife
In order to prove mayhem, the prosecution must show:
- You unlawfully and maliciously disabled or disfigured someone;
- You intended to permanently disable or disfigure the victim when you acted;
- You did in fact cause the injury;
- The victim suffered either a disability or disfigurement.
“Maliciously” means you intended to harm the victim. Accidents that lead to disfigurement or disability should not qualify as mayhem. For example, a surgeon who accidentally harms a patient would not have acted with malice.
What is Aggravated Mayhem Under PC 205?
Aggravated mayhem is covered under Penal Code Section 205 in California law. This section makes it a crime to intentionally cause someone a permanent disability or deprive them of a limb, member, or organ of their body. It is punished even more harshly than simple mayhem.
A conviction for aggravated mayhem can lead to life in prison with the possibility of parole. Fines can also be as high as $250,000.
To prove aggravated mayhem, the prosecution must show:
- You unlawfully and maliciously disabled or disfigured someone;
- When you acted, you intended to permanently disable or disfigure the victim;
- You deprived the victim of a limb, member, or organ;
- You caused the injury.
The difference from simple mayhem is that aggravated mayhem requires the permanent deprivation of a body part, rather than just permanent disfigurement or disability. For example, cutting off a finger would be aggravated mayhem, while scarring someone’s face would be simple mayhem.
Legal Defenses to Mayhem and Aggravated Mayhem Charges
If you are facing charges of mayhem or aggravated mayhem, some legal defenses that could apply in your case include:
- Lack of intent – You didn’t actually intend to permanently disfigure or deprive the victim of a body part. For example, you got into a bar fight and accidentally cut someone’s face when you fell on them.
- Self-defense – You were defending yourself from an attack and only used as much force as reasonably necessary.
- False accusations – The alleged victim is lying and you did not commit the crime at all.
- Mistaken identity – You are accused of committing the crime but you were misidentified and it was actually someone else.
A skilled California criminal defense lawyer can evaluate the details of your case and advise you on the best defenses to raise. It’s important to start building your defense early.
Recent Cases of Mayhem and Aggravated Mayhem in California
Here are some recent examples of mayhem and aggravated mayhem charges in California news:
- In 2020, a man was charged with mayhem for allegedly biting off part of another man’s nose during a fight in Lone Pine.
- A Napa man was charged with mayhem for allegedly biting off part of another man’s ear during an altercation in 2018.
- In 2017, a man was charged with aggravated mayhem for allegedly gouging out another man’s eye in San Francisco.
- A man was convicted of aggravated mayhem in 2015 for shooting off another man’s penis during a fight in Los Angeles.
As you can see, mayhem and aggravated mayhem charges often arise from violent altercations where one person was severely injured. However, an experienced criminal defense attorney may be able to argue that you acted in self-defense or without intent to permanently harm the victim.
Penalties for Mayhem vs. Aggravated Mayhem
Both mayhem and aggravated mayhem are strike offenses under California’s Three Strikes Law. This means a conviction can count as a first, second, or third strike on your record with enhanced penalties.
However, aggravated mayhem is punished more harshly as follows:
| Offense | Potential Sentence |
|---|---|
| Mayhem – PC 203 | 2, 4, or 8 years in prison |
| Aggravated Mayhem – PC 205 | Life in prison with the possibility of parole |
The judge also has discretion to order fines up to $10,000 for mayhem or $250,000 for aggravated mayhem. You may also face having to pay restitution to compensate the victim for medical expenses, lost wages, and other losses.
Related Offenses
Other crimes involving violence and injury that are related to mayhem include:
- Assault – Threatening to violently injure someone or attempting to commit violence.
- Battery – Any willful and unlawful use of force or violence on someone else.
- Torture – Inflicting great bodily injury on someone for revenge, extortion, persuasion, or any sadistic purpose.
- Domestic violence – Mayhem, assault, battery, or other abuse against a spouse, cohabitant, girlfriend/boyfriend, child, or other family member.
While these crimes don’t necessarily involve permanent disfigurement or loss of body parts, they can still be charged as serious felonies carrying years in prison. An experienced criminal defense lawyer can help you fight them.
Get Legal Help Today
Facing mayhem or aggravated mayhem charges in California can feel overwhelming. But an experienced criminal defense attorney can carefully examine the evidence, advise you of possible defenses, and start building your case right away. Getting legal help immediately after an arrest is critical to protect your rights.