Description

The definition of Mayhem is to intentionally cause someone a permanent disability or disfigurement. An prolonged injury sustained in an assault or as the victim of a crime may result in a conviction for Mayhem. The use of deadly force for the purposes of self defense would not result in a conviction for Mayhem. Examples of Mayhem are slitting the ear of victim during a robbery or tying up a recruit during a fraternity hazing and tattooing the victim against his will or attacking someone during an argument leaving permanent scars.

What does the prosecutor have to prove?

1. Defendant unlawfully and maliciously deprived a person of a member of his or her body, disabled, disfigured, or rendered it useless. 

Punishment

Felony: 2years/4years/9years
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