Aggravated mayhem is a severe crime that the prosecutor can file against you if he/she has sufficient evidence to prove that you intentionally caused disfigurement to another person. If you or someone you know is under investigation or in legal custody as a suspect in an aggravated mayhem case, his/her freedom and future are at risk.

Like many violent felonies, an aggravated mayhem conviction could result in a lengthy sentence in state prison. To stand a chance of securing favorable results in a legal justice system that treats violent crimes severely, you should retain the services of a qualified defense attorney who understands what is at stake.

A reliable defense attorney can give you a cost-free, honest assessment of your case and prepare defenses that can mitigate your charges to obtain a lighter sentence or a dismissal of the case.

Legal Definition of Aggravated Mayhem Under Penal Code 205

Penal Code (PC) 205 defines what counts as aggravated mayhem and the penalties you could face upon conviction. According to this statute, it is a severe crime to intentionally cause permanent disfigurement or disability or deprive another person of his/her body organ or limb.

To secure a conviction against you under PC 205, the court will expect the prosecutor to prove the following elements of the crime beyond a reasonable doubt:

  • You illegally and maliciously disfigured or disabled another person permanently or deprived him/her of his/her limb, organ, or body part
  • When you committed these acts, you had a specific criminal intent to deprive the person of his/her body organs, limbs or permanently disfigure or disable the person
  • Under these circumstances, you manifested extreme indifference or disregard for the victim's psychological and physical wellbeing

The legal definition of aggravated mayhem has some complex legal terms that could require further explanation, including:

Permanent Disfigurement or Disability

Permanent disfigurement or disability could be a life-long limp or a lasting scar. For the sake of this law, a scar could be an unwanted tattoo, a scar caused by whips or cuts, or a burn. Even if some of these scars are reversible through medical treatment, you could still be guilty of a PC 205 violation if the prosecutor can prove you inflicted them on the victim maliciously and intentionally.

Depriving or Causing Deprivation of Another Person's Body Part, Organ, or Limb

Depriving another person of his/her body part, organ, or limb means you did or aided another person in removing the body part in question. For instance, if the prosecutor has sufficient evidence, like a surveillance video, to prove that you cut or removed another person's finger, tongue, or body organ, you could be guilty of a PC 205 violation.

Criminal Intent

As to criminal intent, the prosecution team must prove beyond a reasonable doubt that you intended to inflict the injury or disfigurement you caused to secure a conviction against you under PC 205. Proving intent could be challenging because the court will require the prosecutor to show your mental intent when committing the crime.

The prosecutor will rely on circumstantial evidence in the case to prove that you had the criminal intent to cause a permanent disability or disfigurement to the person.

Extreme Indifference to the Physical and Psychological Well Being of Someone Else

The circumstantial evidence in the case can help the prosecutor prove this element of the crime under PC 205. If you repeatedly hit the victim with a dangerous weapon on the head, the prosecutor can argue that you had indifference or disregard for the person's physical health.

Examples of Situations When a Person Could Face Aggravated Mayhem Charges

Below are examples of situations when the prosecutor could charge someone with aggravated mayhem under PC 205:

Example 1

William instigates a fight with his ex-girlfriend's boyfriend, Rick. During a confrontation, William pulls a pair of unlawful brass knuckles from his bag. He strikes Rick multiple times on his chest and face, causing severe wounds requiring quick medical attention.

In this situation, William could face aggravated mayhem charges for causing permanent scars on Rick's chest and face. Since he/she also used unlawful brass knuckles, William could face additional charges under PC 21810.

Example 2

During the commission of a carjacking, Blaine takes his unlawful belt buckle knife and cuts the driver (car owner) in several parts or spots on his/her face and back. Aside from facing criminal charges for carjacking and unlawful possession of a belt buckle knife, Blaine could face criminal charges under PC 205 for maliciously and intentionally causing severe permanent injuries to the driver.

Example 3

Outraged and angered by his boyfriend, Maria breaks into his house, ties him with a rope, and chops off his thumb using a machete. In this situation, Maria could face aggravated mayhem charges for depriving her boyfriend of his finger.

Potential Sentence for Aggravated Mayhem Conviction Under PC 205

The court will convict you of a PC 205 violation if the prosecutor has sufficient evidence to prove all the elements of the crime beyond a reasonable doubt. Upon a PC 205 violation conviction, the court will schedule your sentencing hearing, which should occur within twenty (20) days. In determining your appropriate sentence during this hearing, the judge will consider the following:

  • The sentencing guidelines for your offense.
  • Your criminal history.
  • The prosecutor's aggravating arguments.
  • Your attorney's mitigating arguments.

Due to the severe nature of the crime, a PC 205 violation conviction will attract a life sentence in state prison with the likelihood of probation or parole. However, your chances of receiving parole after serving a specific duration of your sentence will reduce if:

  • You caused permanent disfigurement for more than one person.
  • The criminal intent to kill the victim comes to light.
  • You committed other felonies in addition to a PC 205 violation.

On top of these legal penalties, a PC 205 violation conviction will attract the following detrimental consequences:

  • Loss of your rights to own and possess a firearm.
  • Loss of your right to hold particular public offices.
  • Challenges securing reliable employment and housing.
  • Lifelong criminal record.
  • A strike under the three strikes law.

Defenses You Can Use to Challenge Aggravated Mayhem Charges

A dedicated defense attorney can help you challenge the alleged PC 205 violation by raising various legal defenses. With convincing arguments backed up with adequate and clear evidence, the following defenses could work in your favor to dismiss or reduce the aggravated mayhem charge you are up against:

You Did Not Cause Permanent Disfigurement or Disability to the Person

If you caused a minor injury to the victim that did not result in permanent disfigurement or scarring, this offense would not qualify as aggravated mayhem under PC 205. That means the court will not convict you for a PC 205 violation, but the prosecutor could file assault charges against you, which carry a lighter sentence upon conviction.

You Injured or Disfigured the Person Accidentally

For an aggravated mayhem conviction under PC 205, the prosecutor must prove that you had specific criminal intent to cause permanent disablement or disfigurement to another person. If you accidentally disfigure or disable another person, meaning you did not act maliciously or with criminal intent, you will not be guilty of aggravated mayhem under PC 205.

For instance, if you were acting in self-defense to protect your safety or the safety of a loved one, this defense argument could work in your favor to obtain a lighter charge or a dismissal of the case.

Someone Coerced You to Inflict Injury on the Person

Unfortunately, someone with malicious intent or unresolved disputes with another could coerce you to commit a violent offense against your will, and the court understands that. To commit a crime against your will means you did so because you or your loved ones were under the immediate threat of injury or were physically forced to do so.

With clear evidence, this defense argument could work in your favor to challenge aggravated mayhem charges for the best possible outcome.

The Arresting Officers Lacked Probable Cause to Arrest You

According to the Constitution's Fourth Amendment, a police officer must have probable cause to initiate an arrest against you on suspicion that you are the culprit of any crime. If the police stop you on the road and arrest you without probable cause, all the evidence the officer obtained from you will become inadmissible, meaning it will not work against you.

The inadmissibility of some of the prosecutor's evidence against you could convince the court to drop or reduce your charge.

You Are a Victim of False Accusations

Unfortunately, some people can falsely accuse others of committing certain offenses due to jealousy or the urge to seek revenge, and aggravated mayhem is a crime ripe for false accusations. At trial, your attorney can argue that you are a victim of false accusations to obtain the best possible verdict.

One of the leading causes of wrongful convictions is false accusations. However, with a reliable attorney, you could avoid becoming another statistic of people convicted for crimes they did not commit.

Mistaken Identity

Another problem leading to many wrongful convictions is mistaken identity. Due to the effects of trauma and the inherent imperfections of human memory, it is not uncommon for a victim of aggravated mayhem to mistakenly identify his/her attacker, possibly placing blame on an innocent individual.

When your attorney raises a mistaken identity defense, he/she does not dispute that the offense occurred. Instead, he/she will argue that you did not commit the offense and that the actual attacker is out there.

When charged with a PC 205 violation, your defense attorney can argue that you are a victim of mistaken identity using DNA evidence and eyewitness testimony to obtain the best possible outcome.

The specific defenses that could work in your favor for the best possible outcome will depend on the facts of your case. Your defense attorney will analyze the prosecutor's case and the evidence against you to know which defenses to apply in your unique case to convince the court to drop or reduce your charge.

Legal Penalties for Crimes Related to Aggravated Mayhem

If it is challenging to prove the elements of the crime for a PC 205 violation conviction, the prosecutor will not charge you with this offense. However, other closely related crimes could come into play, and he/she could file any of them against you. Some of these closely related or similar offenses include:

Mayhem

According to PC 203, you commit the crime of mayhem when you maliciously and unlawfully do any of the following to someone else:

  • Deprive him/her of a part of his/her body.
  • Disfigure, disable or render useless a part of his/her body.
  • Disable or cut his/her tongue.
  • Put out his/her eye.
  • Slit his/her ear, lip, or nose.

The primary difference between this offense and a PC 205 violation lies in the required intent of the defendant. For both crimes, the prosecutor must prove that you acted with criminal intent to secure a conviction against you. However, for a PC 203 violation conviction, the prosecutor does not have to prove that you intended to inflict the type of bodily injury that would qualify as mayhem under PC 203.

If you are guilty of a PC 203 violation, you should expect the following standard felony penalties:

  • A fine amounting to up to $10,000.
  • Two (2), four (4), or eight (8) years of custody in jail.
  • Felony probation.

Under the following circumstances, the above sentence for mayhem conviction could increase:

  • The victim is deaf or blind.
  • The victim is under fourteen (14) years old.
  • The victim is developmentally disabled.
  • The victim is quadriplegic or paraplegic.

In any of the above circumstances, you could receive a sentence enhancement of one (1) or two (2) years in addition to and consecutive to the above standard penalties.

Assault With a Deadly Weapon (ADW)

PC 245(a)(1) defines assault as attempting or attacking another person with a deadly weapon capable of causing severe injuries or death. Below are examples of instances that could attract ADW charges under PC 245(a)(1):

  • Attempting to stab another person with a broken soda bottle after an argument.
  • Telling a rottweiler to attack another person.
  • Throwing a stone at another person in a fight.

Generally, the prosecutor will file ADW charges as a wobbler offense, meaning you could face felony or misdemeanor penalties upon conviction. A misdemeanor conviction for a PC 245(a)(1) violation will result in the following potential legal penalties:

  • Up to one (1) year of jail time.
  • A fine amounting to up to $1,000.
  • Misdemeanor probation.

Conversely, when charged as a felony, a PC 245(a)(1) violation conviction will attract the following penalties:

  • A fine not exceeding $10,000.
  • Incarceration in the state prison for not more than four (4) years.
  • Felony probation.

It is important to note that these legal penalties are standard and will change if your case has other aggravating factors, such as:

  • The victim was a police officer or firefighter.
  • A firearm was involved.

Torture

According to PC 206, you commit the offense of torture when you intentionally inflict severe physical injury on someone else to cause extreme suffering and pain for persuasion, revenge, or any sadistic motive. While this offense is similar to aggravated mayhem under PC 205, the primary difference lies in the defendant's motive.

For a PC 206 violation conviction, the prosecutor must prove that you were motivated to inflict severe injury on the victim or accuser by persuasion, revenge, extortion, or any other cruel motive. That means you will not be guilty of torture if your attorney can prove that you did not have the motivation to cause suffering and pain to the person.

Below are examples of instances that could attract torture charges under PC 206:

  • Breaking Alex's leg because he has your debt to persuade him to clear it.
  • In the commission of a robbery, you burn another person with a lit cigarette to persuade him/her to open the safe.

Like a PC 205 violation, torture is chargeable and punishable as a felony. A PC 206 violation conviction will attract the following potential sentences:

  • A fine not exceeding $10,000.
  • A life sentence in the state prison.

Although you will receive a life sentence after a conviction for the crime of torture, you could qualify for parole after serving a specific duration of your sentence (typically seven years).

Aggravated Battery With Severe Bodily Injury

As the name suggests, you commit the crime of aggravated battery with severe bodily injury when you strike or touch another person in an offensive or harmful way, causing him/her to sustain a physical injury. According to PC 243(d), the crime of aggravated battery with severe bodily injury is a wobbler.

Whether the prosecutor will file your offense as a felony or misdemeanor depends on your case's facts and criminal record. A misdemeanor PC 243(d) violation conviction will attract a jail term not exceeding one (1) year and a fine of up to $1,000.

On the other hand, when the prosecutor files your offense as a felony, a conviction will result in a fine of up to $10,000 and up to four (4) years of detention in the state prison.

Find a Criminal Defense Attorney Near Me

We invite you to call our reliable criminal defense attorneys at California Criminal Lawyer Group at 408-622-0204 if you or a loved one is facing aggravated mayhem charges in San Jose. With several years of experience defending clients facing violent felonies, our attorneys can help you challenge the alleged PC 205 violation to obtain the best possible outcome.