Altercations can turn ugly very fast, and the consequences can include serious physical injuries, scarring, or even paralysis. That is why such severe outcomes result in aggravated mayhem charges. In California, prosecutors pursue aggravated mayhem charges when a person intentionally, unlawfully, and maliciously inflicts permanent harm, causing him/her serious bodily injury. This crime is considered a violent offense, and for this reason, the penalties are harsh. A conviction could result in significant legal penalties that alter the course of your life.
If you find yourself in an altercation that leads to these kinds of injuries, the charges might be unclear to you and how to handle them. A criminal defense attorney will explain the charges. Some of these issues are addressed in the information provided below.
When Am I Guilty of Aggravated Mayhem?
Although the confrontation could have led the victim to suffer serious injuries, you cannot be convicted of aggravated mayhem unless the state establishes certain factors. To secure a conviction, prosecutors must demonstrate the following:
- You maliciously and unlawfully disfigured or disabled someone permanently or deprived them of a body part — The prosecution has to prove beyond reasonable doubt that you acted with intent to cause grievous and permanent injury to the victim.
- You intended to permanently disfigure or disable the person or deprive them of a body part — They have to prove that you planned to cause as much maximum, irreversible harm as possible to the victim.
- Your actions demonstrated extreme indifference to the victim’s physical or psychological well-being — A jury will only convict if prosecutors prove that you acted with reckless disregard for the rights of the victim under the circumstances.
The jury cannot convict you of aggravated mayhem if the prosecution fails to prove these elements beyond a reasonable doubt.
a) You Caused Serious Injury to Someone By An Unlawful And Malicious Act
Prosecutors must establish that you acted unlawfully and with malice and thereby caused great bodily injury. They first establish that your actions were unlawful or, in other words, criminal. This means proving that what you did was illegal and no justification could be made under the law.
For example, if you were in a fight, prosecutors must show that you were not just acting lawfully to protect yourself but went a notch higher to cause harm. If you acted lawfully in this case, your actions could be interpreted as acting in self-defense or defense of others.
Subsequently, the prosecutors need to establish that you acted with premeditation or with reckless indifference to the lives of others. They have to prove that you intended to inflict serious injury to the victim and that you knew your actions were going to produce lasting consequences. This could involve providing evidence, including statements or witness statements that show your desire to cause serious harm to the victim. The prosecution must prove that you intended to cause serious bodily harm and not just to act recklessly or by mistake.
Besides, the prosecution has to prove that the harm caused was irreversible. They will present a medical report or a medical witness to testify that the injury had a long-term impact on the victim. This evidence should prove that the injury led to permanent physical or psychological disability.
b) Intent to Permanently Disable or Disfigure The Person
You are only guilty if prosecutors manage to convince the jury that you had a desire to cause serious physical injury to the victim, kill them or maim them for life by disfiguring them, or by removing a limb, an organ, or any other part of the body from the victim. It must be clear that your actions were intended to produce some grave consequences, not just some passing pain or suffering.
The jury must be convinced of your criminal intent, meaning you intended to cause permanent harm. Prosecutors must show that you knew that your actions would cause you some form of permanent disability. For instance, if your actions led to losing a limb, the state must prove that your goal was to inflict such severe harm.
The law also requires evidence that the injury was permanent. This typically involves relying on medical reports or expert testimony showing that the harm had long-term effects on the victim's physical or psychological well-being.
c ) Your Actions Showed Disregard for the Victim’s Physical or Psychological State
The jury is most probably going to convict you if you acted with reckless disregard for the victim’s physiological or psychological integrity. Such indifference shows a severe disregard for the consequences of your behavior in an aggravated mayhem case. In an aggravated mayhem case, the prosecution has to prove that you did not just act recklessly. You had a depraved indifference for the victim’s life.
Extreme indifference means that you knew the risk of causing great bodily injury and went ahead and did it anyway. For instance, if you caused an injury that may lead to a permanent disability, it shows a complete disregard for the victim’s health.
The courts will need sufficient evidence that your actions were motivated by a deliberate desire to create significant harm. This evidence can include the nature of your actions, statements, or behaviors that reveal your blatant disregard for the victim’s well-being.
If the jury concludes that your conduct was of this nature, it strengthens the severity of the charge and the existence of aggravated mayhem.
Defenses that You Can Raise in an Aggravated Mayhem Case
In aggravated mayhem cases, you can assert several defenses to challenge the charges and reduce legal liability. A strong defense strategy depends on the facts of the case. Here are some common defenses:
a) The Victim Did Not Suffer Disfigurement, Nor Did He/She Suffer a Disability
When defending yourself against aggravated mayhem charges, you can claim that the victim has not suffered a disfiguring or disabling injury as defined by the law. For this reason, the prosecution has to show that the injuries inflicted are grievous and permanent, which means that the harm done is long-standing.
You must prove that the injuries are less serious or do not take as long as the law prescribes. Medical records and expert testimony are crucial. Medical professionals can evaluate whether the injuries result in permanent physical or psychological changes. If they assess that they are not permanent or severe, you can argue that they do not fall under aggravated mayhem.
The courts could reduce your penalties if you prove the injuries do not meet the legal requirements. Rather than face aggravated mayhem penalties, a felony that attracts life imprisonment, you could face less harsh penalties.
b) You Had No Intention to Harm the Victim or Cause Disfigurement or Permanent Injury
In an aggravated mayhem case, you can plead that you did not have an intention of maiming or mutilating the victim permanently. For the jury to return a guilty verdict, they have to prove that you had a desire to cause you serious bodily harm, maim, or even disfigure you for the rest of your life or make you permanently disabled.
This is why you must prove that your conduct was not intended to result in serious bodily harm. You can prove that any of the injuries caused were not premeditated or had the intention of causing deep pain.
This defense strategy requires addressing the following issues:
- Accidental injury — Demonstrate that the injuries happened by accident. Provide proof that the harm resulted from an unexpected event, not a planned action.
- Lack of specific intent — Show that you never aimed to cause serious or permanent injury. That indicates that your actions were not intended to cause a permanent injury, which you can prove using statements or eyewitness accounts.
- Context of the incident — Explain what led to the incident and what happened during the incident. If the injuries result from a reaction rather than an intentional act, this will help your defense.
- Expert testimony — Have medical professionals assess the injuries. Their assessments can help discredit the injuries and show that they do not qualify as permanent disfigurement or disability as defined by the law.
When you demonstrate that you did not aim at the victim to suffer a lifelong disability, you challenge the critical element of aggravated mayhem. This could lead to the courts reducing your charges.
c) You Acted in Self-defense
You can challenge the aggravated mayhem charges using the self-defense argument. Begin by showing that your life was in danger when the offense was committed. Explain that you thought that you were in a life-threatening situation, and this is why you had to act fast to save your life. The threat must have been genuine and imminent to warrant the action taken.
Your response must have been proportional to the threat you faced. This is the only way the self-defense assertion works. The force that you use should match the level of threats. If the threat was minor, your response should not have been excessive. You have to prove that the force used was reasonable and reasonable in the circumstances.
Besides, make sure that you prove it was reasonable for you to hold such beliefs regarding the need to defend yourself. Of course, if your assessment of the threat was wrong, you must show that you had reasonable grounds for believing so. State how you felt threatened and why you needed to react the way you did.
Also, demonstrate that you did not use excessive force. Self-defense allows the use of force. However, the force you are allowed to use is limited to the extent needed to counter the aggressor. Using more force than necessary could undermine your defense.
This defense questions the prosecution's assertions and might result in a better outcome, such as the courts reducing or dismissing your charges.
Consequences that Accompany a Conviction of Aggravated Mayhem
If convicted of aggravated mayhem, you will face very stiff penalties. You could be sentenced to life imprisonment with the possibility of parole. The crime’s seriousness stems from the lasting harm caused, like permanent disfigurement or disability to the victim.
Because aggravated mayhem is a violent felony, it is also a strikeable offense per California’s Three Strikes Law. If this is your first strike, you will be sentenced to life imprisonment with a possibility of parole. Ideally, if you have a prior felony strike, the second strike would be double your sentence. If aggravated mayhem is your third strike, then ideally, you would be required to serve 25 years to life. However, since aggravated mayhem imposes a life sentence, it is likely if you are paroled, reoffending would mean the above penalties would apply if you commit a strikeable offense.
According to California Penal Code Section 29800, if you are found guilty of a felony, you will be barred from owning, possessing, or handling firearms. You also cannot be in a residence where a gun is present. The law makes it unlawful for any felon to have any contact with guns in any way. If you violate this law, you risk facing additional criminal charges, attracting more prison time and hefty fines. This restriction remains in force for the rest of your life unless you get your rights reinstated legally, for instance, by securing a pardon from the governor.
Plea Bargain Negotiation Outcomes
Depending on the circumstances of the case, criminal defense attorneys may want to plea bargain with the prosecution. Alternatively, prosecutors could offer a plea deal. A plea bargain requires you to plead guilty to a different crime or accept a different prison term in return for not going to trial. Your lawyer will examine the circumstances of your case, the charges you are facing, the possible consequences of your case, and other factors that will help him/her advise you whether to take the plea bargain.
If the prosecution offers a plea deal, it simply means that they want to end the case without going to trial. This offer might include reduced charges or a lighter sentence. Given your situation, your attorney will review this offer and advise whether it represents a favorable option.
Choosing a plea bargain might be helpful in most cases as compared to going to a trial when the odds are not in your favor. Your attorney will advise you on whether it is wise for you to take the plea deal or to go for a trial, as well as the advantages and disadvantages of the latter.
One possible consequence of plea bargaining could be a guilty plea to mayhem under Penal Code 203. This plea would mean receiving lesser penalties than aggravated ones, even though mayhem is still a felony. According to Penal Code 203, mayhem is unlawful and maliciously wounding or maiming. However, it carries less severe penalties compared to aggravated mayhem. Even though both charges are felonies, mayhem penalties are usually less severe than those of aggravated mayhem.
Accepting a plea deal for mayhem allows you to avoid the more stringent penalties of aggravated mayhem. Instead, you would be subjected to a relatively short prison term and a lesser fine. Your attorney will assist you in evaluating these penalties and decide whether pleading guilty to mayhem is more advantageous than proceeding to trial for aggravated mayhem.
When the courts convict you of mayhem, you will be subject to various penalties, including:
- Imprisonment for 2, 4, or 8 years
- Fines that can go up to $10,000
- Alternatively, you could be put on felony probation instead of serving a prison sentence.
In certain cases, the court can increase your sentence. For instance, if the victim is 65 or older, you can receive an additional 1 to 2 years to your sentence. Likewise, if the victim is under the age of 14, or is disabled and/or deaf, blind, developmentally delayed, or paralyzed, you could face another 1 to 2 years in prison.
Find a Criminal Defense Attorney Near Me
The aggravated mayhem charges are grave and need prompt response. The legal risks are substantial if you have been involved in an altercation leading to these charges. Prosecutors will accuse you of causing permanent disfigurement, disability, or severe bodily injuries. Even if the situation escalated rapidly, you need to provide context that could mitigate your responsibility.
An experienced criminal defense lawyer will study your case, look into circumstances surrounding the occurrence, and possibly consider viable alibis. Whether you acted in self-defense, did not intend to cause permanent harm, or the injuries do not meet the legal criteria for aggravated mayhem, your attorney will work to build a strong defense. Without effective legal representation, you risk facing severe penalties. A skilled lawyer will enter plea-bargain negotiations with the prosecutors to secure lesser charges or get a better plea bargain that may spare you from a life imprisonment sentence. Alternatively, if you proceed to trial, your attorney will defend you.
Contact the Los Angeles Criminal Lawyer today at 310-502-1314 to safeguard your rights and build your defense. The right legal strategy can significantly impact the outcome of your case. Reach out now to discuss your case.
