Dismemberment

Removing an arm, hand, finger, leg, foot or toe would be considered an act of criminal mayhem. Also, an eye, ear, nose, or front tooth would be considered dismemberment. Removing molars or wisdom teeth is usually not considered dismemberment. The removal of the penis or testicles is always considered dismemberment. Most of the time the removal of female sex organs constitutes mayhem; also the removal of the lip or tongue is considered mayhem under most statutes.

The part of the body that has been removed does not necessarily have to be removed by the assailant themselves. It also constitutes mayhem if the vital part is removed during surgery as a result of the attack. This can call into question the competency of medical procedure, and whether the removal was necessary for the greater health of the patient. In these situations, it is imperative to have the best possible criminal defense to investigate medical procedures and ensure the rights of the defendant.

Disablement

Disabling bodily organs is also considered an act of mayhem. While dismemberment is always permanent, disablement must be proven to be permanent rather than temporary. Sometimes it can be difficult to determine the extent of an attack, and to determine whether a victim will recover from an injury. The criminal attorney should perform an independent medical investigation in these situations, and gather evidence in order to determine whether the injuries will actually last for the rest of the victims life.

A victim can become disabled by injuries to the arm, hand, finger, leg foot, or toe. Fractures are not considered permanent injuries, since they will heal over time with the proper medical treatment. Muscles, nerves or joints that receive permanent damage could be considered disabling. Paralysis is a prime example of disablement. There is controversy as to whether sterility constitutes mayhem since the organ remains intact, even if it not functioning correctly. However, if impotence results, there is a strong chance that it will be considered a disabling injury

Disfigurement

Disfigurement should be permanent and grotesque in order to be considered mayhem. Mild disfigurements, even if they are permanent, rarely constitute mayhem. Surgical stitches or small scars are examples of mild disfigurements. Facial disfigurements are usually the only type of disfigurement that are considered to be mayhem. Grotesque injuries from slicing a victim=s lip, cheek, nose or ear, as well as scars resulting from bludgeoning the skull are good examples of disfigurement that leads to charges of mayhem.




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