Aggravated Mayhem is section 205 of the California Penal Code, defined as intentionally causing someone a permanent disfigurement or disability. This crime is severely punished in California, where sentences can go up to life in prison.
If you or someone you know has been charged with aggravated mayhem in California, you need a criminal defense attorney by your side. Learn what you need to know about California Penal Code Section 205: Aggravated Mayhem.
The Legal Definition of CPC 205: Aggravated Mayhem
A person is guilty of aggravated mayhem if they Intentionally cause a permanent disability or disfigurement to another person or deprive them of a limb or organ.
The person has to act unlawfully, manifest extreme indifference to the psychological or physical well-being of others, or intentionally cause harm. For a person to be charged with aggravated mayhem, it is not necessary to have an intent to kill.
Aggravated mayhem is considered a felony by the state of California, and it is punishable with up to life in prison with the possibility of parole.
That complete section of the law reads as follows:
“A person is guilty of aggravated mayhem when he or she 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. 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.”
For a free legal consultation with an aggravated mayhem lawyer serving California, call (310) 896-2723
CPC 203: Mayhem vs. CPC 205: Aggravated Mayhem
Both are serious offenses, but aggravated mayhem can have more severe consequences.
California Penal code 203: Mayhem is defined as maliciously disfiguring or disabling another person. The punishment for a mayhem charge can go up to eight years in prison and up to $10,000 in fines.
California Penal code 205: Aggravated mayhem also involves an extreme disregard for another person’s well-being. Because of that is punished more severely. Also, if the victim dies, the charge of murder can be added. The punishment for aggravated mayhem can go up to life in prison without the possibility of parole.
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Examples of Aggravated Mayhem in California
Legal jargon may go right over your head if you are not familiar with many legal terms. Real-world examples of aggravated mayhem may be easier to understand. Consider the following situations:
- A man assists at a music festival with friends. He got drunk and completely blacked out. While he was out, his friends thought it would be funny to tattoo something on him. That could be considered aggravated mayhem.
- A drunk, violent husband gets enraged because of jealousy and marks her wife’s skin with a lighter. That action can be charged with aggravated mayhem.
- During a robbery at a small business, one of the clerks resists giving away the money, so one of the robbers cuts his finger. A situation like this can be charged with both CPC 203 and 205.
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Legal Defenses for Aggravated Mayhem
There are many ways an experienced attorney can help you develop a defense against aggravated mayhem charges. Some of the legal defenses a lawyer can use include:
No Disfigurement or Disablement
One of the key elements to call mayhem or aggravated mayhem is that the defendant must present invalidating and permanent damages. Sometimes a prosecutor will try to charge CPC 203 or 205, even when the damage is not permanent or invalidating.
No Intent or Disregard for the Well-Being of Others
For a California court to prosecute aggravated mayhem, there must be either a deliberate intent to cause harm or indifference to the well-being of others.
It is possible that the accused didn’t know the harm he was doing. It is also possible that they were feeling threatened and were only trying to defend themselves.
There Is No Probable Cause
How did the detention occur? The fourth amendment clearly states that for the police to arrest someone, they must have probable cause.
Even the evidence from the detention could be dismissed if you were arrested under suspicious circumstances and the police did not have probable cause.
A Law Enforcer Pressured You Into Committing a Crime
California law prohibits public servants from inciting someone into committing a crime. If the accused had any pressure from a law enforcer, they might have been entrapped, which can get the case dismissed.
Self-Defense
If the defendant disfigured or disabled someone as a consequence of defending himself, the charges for aggravated mayhem might be dropped. For this defense to be effective, the defendant must prove he used no more force than necessary.
It Was an Accident
To get charged with CPC 305: aggravated mayhem, there must be malicious intent or a disregard for someone else’s well-being. So, if the injuries resulted from an accident, the charges can get dismissed.
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Other Offenses Related to CPC 205: Aggravated Mayhem
These are some of the offenses most commonly associated with mayhem. Depending on every case, more than one offense could be charged.
CPC 203: Mayhem
Mayhem is the act of disfiguring or disabling someone unlawfully or maliciously, but it doesn’t consider intent or disregard for someone’s well-being.
CPC 206: Torture
The state of California defines torture as the act of inflicting great bodily injuries on someone else with that intent or for revenge purposes. For the effects of the CPC 206, it doesn’t matter if the victim suffered pain during the events.
CPC 245: Assault With a Deadly Weapon
If the defendant used a deadly weapon before or during the events of the crime, this charge could add 1 to 4 years to the sentence.
CPC 273.5: Domestic Violence
Domestic violence laws apply when the victim is part of the same family as the accused or lives within the same household
California Penal Code Section 205: Aggravated Mayhem FAQ
Aggravated mayhem can be tricky to understand. If you need further assistance or want help with your case, a criminal defense lawyer from our team can offer you a free consultation.
How Will the Prosecutors Try to Prove Aggravated Mayhem?
They will try to prove, beyond a reasonable doubt, that you disabled or disfigured someone permanently, or removed a limb from their body. That you did it unlawfully and with that intent,
or you did it while showing extreme indifference to their well-being.
What Is the Difference Between CPC 203: Mayhem and CPC 205: Aggravated Mayhem?
CPC 203: Mayhem can lead to up to eight years in prison and up to $10,000 in fines.
CPC: 205: Aggravated mayhem can lead up to life in prison without the possibility of parole.
What Is the Sentence for Aggravated Mayhem in California?
A conviction under CPC 205: Aggravated Mayhem can lead to life sentences in prison, sometimes without the possibility of parole.
What Is Aggravated Mayhem Charge?
Under California Penal code section 205: Aggravated mayhem is the act of disfiguring, disabling, or removing someone’s body limb, in a malicious manner.
What Does Mayhem With Intent to Disfigure Mean?
It means that the accused must have acted unlawfully, maliciously, and intent to cause harm at the moment of the events to get charged with aggravated mayhem.
Criminal Defense Lawyers Can Help You in Los Angeles
Time is crucial if you or someone you love has been charged under California Penal Code 205: Aggravated mayhem. You need to contact an attorney who can guide you through the intricate judicial system in California.
Maybe not everything is lost. Contact a Simmrin Law Group attorney today at no cost. Let us help you build a defense for your case.
Call or text (310) 896-2723 or complete a Free Case Evaluation form