Mayhem is the permanent dismemberment, disablement or disfigurement of another person=s body during an act of physical harm. It requires that the defendant intended specific harm to the victim. Mayhem is a serious criminal offense and is often charged as one of the most serious forms of assault. Those convicted of mayhem will be punished with long prison sentences. The only way to avoid jail, fines and a permanent criminal record is to get a great criminal defense lawyer who has experience in defending serious violent felonies.

In New York (NY), there is no specific charge for mayhem, but instead the laws of serious assault and mayhem have been combined under a single law for Assault in the First Degree. One of the criteria which makes a crime a first degree assault is Acausing permanent disfigurement to another person, or disable or cause the amputation or a limb, digit or organ, with intent to cause such injury@. First Degree Assault is a class B felony and can result in a prison sentence of up to 25 years.

Causing Permanent Injury

Permanent, rather than temporary, injury is what separates mayhem from assault. Sometimes it can be difficult to determine whether an injury is permanent. Usually, some part of the victim=s body must receive severe damage, so that it becomes useless or greatly impaired. It is not necessary that a part of the victim=s body be removed, but that certainly qualifies as mayhem.

Generally bruises and abrasions are considered to be temporary rather than permanent. Consequently, injuries of this nature will support criminal battery and not mayhem. If the victim is unable to walk, or use an arm, hand leg, or foot as a result of an attack, then the injury might be permanent. The three types of injury that support a charge of mayhem must be permanent: dismemberment, disablement and disfigurement of a vital organ.

Specific Criminal Intent

None of the types of bodily harm that dismember, disable or disfigure another person are considered mayhem unless the offender has a criminal intent when the act is committed. In some states the offender must act >maliciously= and in some states they must act willingly. In others it is necessary that there be a specific intent to >maim=, >disfigure= or >injure=. Mayhem, unlike battery, is not a >cause and result= crime. Part of an individual=s body could be destroyed accidentally, but that would not be considered mayhem. Unless the offender intends to cause serious bodily harm at the time of the attack, mayhem cannot be committed.