California has one of the strictest laws in the country regarding crimes such as battery and mayhem. Battery can be defined as unwanted application of force against the body of another person or an object which is connected to another person. In some cases, an assault might result in another person getting seriously injured while in certain other cases it will not result in any injury at all.
In California, a simple domestic battery, such as, unwanted touching of a spouse, partner or other person living in the same household and which does not result in any serious injury would count only as a misdemeanor. However, if such actions lead to a serious injury, it will be classified as aggravated battery which is a felony that is punishable with up to four years in state prison.
Hazing will be charged as felony
Hazing is the initiation procedure of a student organization and if such activities result in serious injuries to the victim, then they can be charged as felony in the state of California. Such activities result in punishments that can range from imprisonment up to a year or a fine to the tune of $5,000.
Malicious discharge from firearm
Malicious discharge of a firearm in an inhabited dwelling, building, motor vehicle or aircraft is a felony and if found guilty, the defendant can then be sentenced to seven years in the state prison. The term “inhabited” is applicable to any establishment that is currently being used, regardless of whether or not it is actually occupied at the time of the discharge. Another instance where the discharge of firearm can be treated as a felony is when it is discharged at an aircraft. When a firearm or laser is fired at an aircraft, whether occupied or not or in flight or not, the act can also be charged as a felony.
A crime is treated as mayhem when a battery results in the person
losing a body part. Such battery includes putting out an eye, cutting off the nose, ear or lip. In most cases, mayhem is charged as misdemeanor but it will be upgraded to a felony charge, if it was committed intentionally or recklessly with extreme indifference to the outcome of their actions. The punishment for aggravated mayhem is extreme, which is rather understandable. The person will be imprisoned for life in state prison with the possibility of parole.
Students of law especially under the criminal category would want to study these two cases very well.