What Is Aggravated Mayhem?

You may hear the word ‘mayhem’ bantered round in daily conversation. You may even be accused of it! But in daily terms the meaning is quite different from what it means in a court of law:

               Mayhem is seen as any force which causes serious and gruesome injury.

In legal terms you need to intentionally cause a serious injury to another person. This is very different to the conversational use of mayhem which simply refers to a sense of chaos.

Understanding Aggravated Mayhem

There are actually two levels of mayhem in the eyes of the US courts.

• Mayhem

Any conduct which results in the deprivation of any part of another person’s being. This can be cutting off an ear, disabling the tongue, blinding, slitting the ear, nose or lip or even disfiguring someone.

These are serious actions which are done with intent.

• Aggravated Mayhem

Aggravated mayhem takes this a step further and demonstrates a reckless disregard for the other person.

This can be displayed through disfiguring someone while holding them down or even taunting them after the injury has been done. The action is the same but the way it is done is designed to provoke and induce psychological trauma and a permanent disability or disfigurement.

If you are charged with either offense you need to get yourself a San Diego Criminal Attorney quickly. The jail time is steep.

• Mayhem carries a minimum of 2 years and as much as 8.
• Aggravated mayhem can be given a life sentence.

Self Defense

Using a gun in self defense when threatened with mayhem or aggravated mayhem is a legitimate claim in most states. Although it is interesting to note that for every gun used in self defense there are 6 more used to commit crimes.

Of course in many cases you won’t have a gun present. In these cases you can use as much force as you are capable of to resist the injury without fear of falling foul of the judicial system.

But self defense is also a valid claim for the person causing mayhem. There are times when mayhem is unintentional:

• When you’re attacking someone and accidentally slash their ear or nose. You’re still guilt of a crime but a lesser one than mayhem.
• Being part of a fierce argument when in a couple and one of you burns the other with an iron; that happens to be to hand. It’s unlikely to be mayhem although it is assault.

 It is not possible to defend against aggravated mayhem in this manner as the distinction with aggravated mayhem is that it was an intentional act.

The only way that an aggravated mayhem can be partially justified is if you are suffering from a mental disorder as a result of a specific action. But even this is difficult as the fact that you have intent suggests your mental facilities are sufficient.

Whether you have inadvertently been charged with mayhem or are you are looking at an aggravated mayhem charge, you’ll need expert help.