Mayhem is a very serious crime in Massachusetts. It is a felony crime that carries a jail sentence.
What is Mayhem?
If you have been charged with this crime, there are two theories that the Commonwealth may use in order to prove you guilty. Under the first theory, the prosecutor would have to show that you:
- That you acted with malicious intent to maim or disfigure, and;
- That you did so by cutting out or maiming the victim’s tongue, or that you put out or destroyed one of his eyes, or that you cut or tore off an ear, or that you cut, slit, or mutilated his lip or cut off or disabled another person’s limb.
Therefore, if they are choosing to operate under this theory, they must prove both that you actually committed one of those acts, and that you intended to do so.
The elements of the second theory are:
- Acted with the specific intent to maim or disfigure the victim;
- That you, in fact, assaulted the victim;
- Assaulted the victim with a dangerous weapon, substance, or chemical, a
- And, you in fact disfigured, crippled, or inflicted serious or permanent physical injury on the victim.
What are the Mayhem Penalties?
Mayhem is a very serious crime with harsh potential consequences. If you have been charged with mayhem, the maximum punishment you will face depends on whether your case is prosecuted in the district or superior court. If your case is prosecuted in the District Court, you are facing up to 2½ years in jail. However, if it is prosecuted in the Superior Court, the punishment can be as much as 20 years in Massachusetts state prison. Almost every mayhem conviction results in some amount of incarceration due to the severity of the injuries caused to the victim. Therefore, it is crucial for you to avoid a conviction.
Patrick Donovan is an experienced criminal defense attorney in Massachusetts. Before starting the Law Office of Patrick Donovan, Attorney Donovan was a prosecutor. Attorney Donovan uses that training and experience to get the possible outcome for all of his clients. Attorney Donovan has experience in over fifty courts in Massachusetts. Call today for a free consultation.
