Monthly Archives: February 2013

Some Details On Mayhem Law

Aggravated mayhem

            Aggravated mayhem laws in California

If a person attacks another person, causing permanent disability or disfigurement, then that act is termed as aggravated mayhem. When the act is carried out by the person, it is deemed to have been done with the intent of causing bodily harm to the victim. In some cases, this may also include reckless or extreme disregard for the physical or psychological well-being of the victim. The defendant will have to face these types of charges, if he/she was involved in holding the victim down while injuring him, or taunting the victim after causing bodily injuries. If the victim was to die following the acts of violence from the part of the defendant, the defendant may have to face felony murder charges, even if they harbored no clear intent to kill the victim.

Different aspects of mayhem laws

The act of mayhem mainly corresponds to a person intentionally disabling a body part of the victim, which is capable of defending the victim against any such violence. Consider a person unlawfully and violently cutting or disabling a person’s hand or finger, striking out the person’s eye or foretooth, or disabling any other body parts that result in taking away that person’s courage; these are all acts that are legally classified under mayhem. However, cutting off a nose or ear are not considered as mayhem, under most legal systems.

If the case under consideration has to be treated as aggravated mayhem, then it has to involve the disfigurement or loss of a limb, organ or some part of the body. In California, those found guilty of this offence are liable to face life imprisonment in the State Prison, with a possibility of parole.

Prosecuting for murder

Psychological well-being

                Aggravated mayhem explained

If the charge filed for is mayhem, the victim does not need to prove that the defendant intended to kill him. There are some cases where mayhem results in the death of the victim, and in these cases, the defendant can be prosecuted for first degree murder. If proven guilty of these charges, he/she will have to face either of the following punishments: death penalty, life imprisonment without parole or up to 25 years in prison.

Mayhem is a charge that can either result in heavy punishment for the defendant including a few years in the prison with a chance for parole.

Tips To Become A Criminal Defense Attorney

Criminal defense attorney in Los Angeles

                        Criminal defense attorney

If you dream of becoming a criminal defense attorney, then you should also know that the road to getting there is long and rigorous one. Not everyone can become a defense attorney, and passion alone won’t suffice; it requires intense hard work, dedication, time, and a lot of patience as well. This article gives you a few tips to help you achieve your goal.

  • To become a criminal defense attorney in Los Angeles, it is absolutely necessary that you get a bachelor’s degree. This is required in order to be able to get into a law school. Individuals who wish to get into law school should qualify for the Law School Admissions Test (LSAT).
  • Get into a law school of repute. Here, focus on the classes that relate to your field. While criminal law and procedure classes are a must for all students, aspiring criminal defense lawyers should also attend classes on trial advocacy, appellate practice and criminal practice.
  • Make sure you go for a criminal law related internship. The ideal choice would be to work for a public defender’s office, a legal aid society, prosecutor’s office or an appellate practice. A brilliant alternative to this would be to work for judicial clerkships, especially if the judge hears criminal cases.
  • The best way to become a brilliant criminal defense lawyer is to work on the other side as a prosecutor. So try to get a job as a prosecutor. One major advantage about working as a prosecutor is that you start gaining experience almost immediately, and get to learn a lot besides. The job maybe demanding, but the experience gained through the process would be invaluable.While working for the state, you can also obtain insights into the police procedures and court room protocols.

    Defense lawyer

                                         Law schools

  • Try to get a job in criminal defense. This way, as soon as you pass the bar, you can start working as a defense attorney, and can leave aside working as a prosecutor. Work with an experienced defense lawyer in order to gain knowledge about the local practices and procedures.

These are some tips to help you become a successful criminal defense attorney in Los Angeles. Of course, these are only tips, and it’s arguably better to go in for career counseling options before you even decide on what job to work.

Various Aspects About Mayhem

Aggravated mayhem

Inflicting physical injury

According to Penal Code § 203, mayhem is defined as an unlawful and malicious action that deprives an individual of a body part, or disfigures or disables it or renders it useless. Actions that can be described as mayhem include slitting the nose, ear or lip, cutting or disabling the tongue or putting out an eye. In short, it is inflicting any form of serious physical injury knowing that it will harm the person and with the intention to do it.

Accusation

A person can be accused for aggravated mayhem when he/she causes some form of permanent disability or disfigurement or deprives him/her of a limb or an organ or any body part of a person intentionally with clear indifference to the physical as well as the psychological effects that it may have on that person.  Intent to kill does not have to be proved in this case. The punishment for this offense can be life imprisonment in the state prison with a possibility of parole.

Defenses for mayhem:

The defenses for mayhem are very similar to that of battery. Self defense or defending another are two excellent defenses for beating charges for mayhem. In such instances, the injuries inflicted on the attacker are justified and reasonable. For instance if a person is being held at gun point and that person for reasons of self defense, grabs a glass bottle and uses it to harm his/her attacker in order to escape, then the injuries inflicted in such a circumstance will not be considered as mayhem.

Accident is another less commonly seen defense. This inspects the mental state or intent while inflicting the injuries to check if the intent was malicious.

Punishments for mayhem:

Physical injury

Punishments for mayhem

If convicted of mayhem, the minimum punishment awarded is two years in state prison and a maximum of up to eight years. In the case of aggravated mayhem, the punishment awarded may even be a life sentence. In criminal offenses such as these, it is common for certain enhancements of one to eight years to apply in sentencing. An additional three to six years in person may be given if there is ‘great bodily harm.’

These are some aspects of mayhem, the defense mechanisms against it and the punishments awarded for such criminal offenses. Get the opinion of an experienced attorney while fighting cases of such misdemeanor.