Description

Aggravated Mayhem considers the extreme indifference to the physical or psychological well-being of the victim, and the intentional cause of permanent disability or disfigurement. It is not necessary to prove an intent to kill. Examples of Aggravated Mayhem are kicking a victim after stabbing the victim or taunting the victim after having seriously injured that person or removal of a body part during a kidnapping as an incentive for ransom payment.

What does the prosecutor have to prove?

1. Defendant intentionally caused permanent disability or disfigurement of a person or deprived a person of a limb, organ, or member of his or her body.
2. Defendant acted unlawfully and under circumstances manifesting extreme indifference to the physical or psychological well-being of another person. [PC 205]

Punishment

Felony: 7years-Life
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?Yes
Is this charge a “serious felony”Yes
Is this charge a “violent felony”Yes
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No