The Crime of Mayhem: Definition, Penalties, and Defenses

The everyday use of the word "mayhem" has evolved pretty far from its original, legal definition. In the legal context, "mayhem" doesn't denote a kind of rowdy disorder but, rather, violent force causing serious and gruesome injury.

What Is the Definition of Mayhem?

Mayhem is an old version of the word maim. The crime dates back several centuries to England. Originally, the crime of mayhem consisted of dismembering one of the king's subjects, rendering him unfit for battle. Today, statutes typically define the crime as disfiguring or disabling a victim. It's usually a grisly affair, often entailing injury to the face. Attacks that result in the loss of an eye, nose, or ear are common examples.

Some states incorporate mayhem into their assault-and-battery statutes and don't use the exact term "mayhem." Others consider mayhem its own offense. Either way, "mayhem" in the criminal law context typically means a brutal assault and battery that leads to serious, permanent injuries.

What Is the Crime of Mayhem?

The requirements for a mayhem conviction depend on the jurisdiction. In some states, the use of illegal force resulting in a disfiguring or disabling injury is enough. In others, a defendant must also have acted maliciously or intended to seriously injure the victim.

Permanent and Disabling, Disfiguring, or Mutilating Injuries

Mayhem is often distinguished from other crimes by the nature of the injuries. State laws might define mayhem as an act that deprives another of a body part or that disfigures, mutilates, or disables a body part, organ, or member. Some state laws on mayhem specifically define the crime as an unlawful act that puts out an eye, cuts out a tongue, or mutilates an ear, nose, lip, or limb.

The injuries for mayhem must be permanent or at least last for a significant period of time—a bad injury that will heal in a matter of weeks or months may not suffice. In addition to facial injuries, injuries that result in restricted movement or reduced mental capacity are enough for a mayhem conviction.

For an injury to lead to a mayhem conviction, it must be physical, rather than emotional: Severe mental anguish or emotional injury isn't enough. In addition, the victim must be alive at the time of the maiming. (Disfigurement of a corpse may be its own offense, but it doesn't constitute mayhem.)

Malice or Intent to Maim, Disfigure, or Disable

Most mayhem statutes punish unlawful, malicious, or willful acts. Some states require a specific intent to maim, disfigure, disable, or kill. This type of specific intent can also form the basis for aggravated mayhem charges.

For example, California defines mayhem as unlawfully and maliciously depriving a victim of a body part or disfiguring or disabling a body part. The crime becomes aggravated mayhem when a person acts with extreme indifference to the victim's physical or psychological well-being and with the intent of permanently disabling, disfiguring, or depriving a victim of a body part or member.

(Cal. Penal Code §§ 203, 205 (2024).)

What Are Examples of Mayhem?

Convictions for mayhem often involve horrific acts that result in devastating injuries. Your typical fistfight won't qualify. But when injuries are more severe than a black eye and move into the permanent realm, like loss of sight or loss of a limb or appendage, then mayhem may be in play.

In one case, an appellate court upheld the defendant's conviction for malicious disfigurement after he beat a woman and burned her with an iron, leaving a permanent scar. (Hudson v. U.S., 790 A.2d 531 (D.C. 2002).) Other examples of mayhem include inflicting lasting brain damage from bashing someone in the head, slashing a victim's face with a box cutter, lodging a pencil in someone's eye, and striking a person's forehead with the claw end of a hammer.

Do All States Have Mayhem Charges?

All states have crimes that punish acts of "mayhem," but not all statutes use this exact terminology.

Several states still have a crime called "mayhem." California, Massachusetts, Nevada, Utah, and Wisconsin are examples. Some states refer to maiming or malicious disfigurement, such as Oklahoma, North Carolina, and Virginia. Other states incorporate these acts into their assault-and-battery statutes. For example, Michigan has the crime of "assault with intent to maim."

In states that don't have a crime specific to mayhem or maiming, these acts typically fall under their assault-and-battery laws. For example, Colorado's first-degree assault crime includes acts where the defendant intended to seriously disfigure or disable the victim and does so.

(Cal. Penal Code § 203; Colo. Rev. Stat. § 18-3-202; Mass. Gen. Laws ch. 265, § 14; Mich. Comp. Laws § 750.86; Nev. Rev. Stat. § 200.280; N.C. Gen. Stat. § 14-30; Okla. Stat. tit. 21, § 751; Utah Code § 76-5-105; Va. Code § 18.2-51; Wis. Stat. 940.21 (2024).)

What Are the Penalties for Mayhem and Aggravated Mayhem?

A person convicted of mayhem or aggravated mayhem will face serious felony penalties. The exact punishment will vary depending on the state law, but many impose possible prison sentences of at least 10 years. If the defendant intended to maim the victim or used a deadly weapon, the crime could be aggravated mayhem. In California, aggravated mayhem carries up to a life sentence. (Cal. Penal Code § 205 (2024).)

It's very unlikely a person convicted of mayhem or a similar crime would receive probation. These crimes involve violence and serious, permanent injuries that warrant prison time.

Defenses to Mayhem Charges

When facing mayhem charges, a defendant might try to poke holes in the prosecution's case or raise self-defense.

Self-defense. A defendant might claim self-defense or defense of others if the alleged victim started the altercation or was about to. These defenses generally only work if the defendant feared imminent great bodily harm or death. If the victim threw a punch, a defendant wouldn't be justified in using force that disables or disfigures the victim.

Lack of proof. A defense attorney might attack the prosecution's evidence in a mayhem case by arguing the defendant did not act with malice or intent to maim, or that the resulting injuries aren't permanent or serious. In these situations, the defendant would likely still be convicted but may end up with reduced charges.

Consult a Lawyer

If you've been charged with mayhem or any other crime, consult an experienced criminal defense attorney. Mayhem and similar charges involve serious penalties—lengthy prison sentences, stiff fines, and a record of a violent crime. A defense attorney can help you understand what's at stake and protect your rights.