Mayhem defense attorneys

Mayhem charges?  Contact Van Severen Law Office at (414) 270-0202

Mayhem charges are rare in Wisconsin, but that doesn’t mean they aren’t serious.  Mayhem is a Class C felony, punishable by up to 40 years in prison and $100,000.00 in fines.  That 40 year prison sentence breaks down into 25 years initial confinement followed by 15 years extended supervision.  No mandatory minimum penalty applies to this charge, but it is an aggravated offense and should be handled as such.

Mayhem sits amongst sexual assault, armed robbery, and certain homicide charges, with a similar penalty to those crimes.  Just because this offense has a funny name, or you haven’t heard of it, doesn’t mean it shouldn’t be taken seriously.  Mayhem occurs when someone cuts or mutilates certain body parts of another human, with the intent to disable or disfigure the other person.  This is obviously much different than something like battery, where the defendant simply intends to cause bodily harm.  The intent to cause a permanent, disabling injury to another is one of the reasons lawmakers decided on the aggressive penalty for this offense.

Van Severen Law Office, S.C. is a Wisconsin criminal defense law firm that focuses on helping defendants throughout the state.  We represent individuals facing mayhem charges and have worked on these cases before.  Contact us at (414) 270-0202 to be connected with our criminal defense attorneys and to discuss your case.  Initial consultations are free.

What is “mayhem”?  Section 940.21 of the Wisconsin Statutes:

Section 940.21 of the Wisconsin Statutes provides the law dealing with criminal mayhem charges.  It states:

“Whoever, with intent to disable or disfigure another, cuts or mutilates the tongue, eye, ear, nose, lip, limb or other bodily member of another is guilty of a Class C felony.”

This is a very straightforward statute, but what does “other bodily member” include?  The Supreme Court of Wisconsin has interpreted “other bodily member” to include all body parts.  In State v. Quintana, which we’ll discuss later, this even included the forehead of the victim.

So, while the statute explicitly mentions the tongue, eye, ear, nose, lip, or limb, it’s still mayhem if the involved bodily part is a foot, or a hand, or any other body part.

Wisconsin Criminal Jury Instruction 1246:

Wisconsin criminal jury instructions are incredibly helpful tools in the criminal justice system.  These instructions break crimes down into separate parts, or elements, that the government must prove beyond a reasonable doubt.  If they cannot prove these elements beyond a reasonable doubt, the defendant cannot be found guilty of the crime.

Wisconsin Criminal Jury Instruction 1246 provides the three elements of mayhem:

• Firstly, the defendant cut or mutilated the tongue, eye, ear, nose, lip, limb or any bodily part of the victim; and
• Secondly, the cutting or mutilation caused great bodily harm to the victim; and
• Finally, the defendant intended to disable or disfigure the victim.

Jury instructions also help by defining important terms, and this one is no exception:

• “Cause” means that the defendants conduct was a substantial factor in producing great bodily harm.
• “Great bodily harm” means injury which creates a substantial risk of death, or which causes permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily injury.
• Intent requires that the defendant had the mental purpose to disable or disfigure the victim and was aware that his conduct was practically certain to disable or disfigure the victim.

State v. Quintana – “other bodily member” includes all body parts

In State v. Quintana, the Supreme Court of Wisconsin clarified the phrase “other bodily member”:

The manner in which the legislature used the phrase, ‘other bodily member,’ requires that we give that phrase a broad construction. If ‘other bodily member’ were to be narrowly construed, the construction would produce absurd results, and the purpose of the statute would easily be defeated. Because the legislature intended the phrase ‘other bodily member’ to be construed broadly rather than narrowly, the phrase ‘other bodily member’ in the mayhem statute encompasses all bodily parts, including a person’s forehead. The application of the mayhem statute is limited by the need to prove that a person specifically intended to disable or disfigure.

What does this mean to defendants?  The statute itself, when it refers to “other bodily member” includes any body part.  The limiting factor focuses on what the defendant intended to disable or disfigure.  If the defendant did not intend to disable or disfigure the victim, mayhem has not occurred.  Proving mayhem is easier, and more commonly done, with certain bodily parts (for example, when someone intends to, and bites off, an ear).  In Quintana, the court found that a forehead qualified as an “other bodily member.”

Kirby v. State – the victim’s injury must be one of “great bodily harm”

Further, the Court of Appeals in Wisconsin in Kirby v. State determined that in order to sustain a conviction, it must be shown that for an injury to constitute mayhem, the injury must be one of “great bodily harm.”  The mere nick with a knife does not qualify as mayhem.  The court came to its conclusion based on an analysis of common law, which required that it be shown that the mayhem affected one’s combat ability.  Although today’s law clearly doesn’t require that it be shown the victim’s battling abilities be compromised, a simple cut doesn’t qualify.

Need mayhem defense?  Contact criminal defense firm Van Severen Law Office today:

We’ve represented clients in Wisconsin facing mayhem charges.  Although this isn’t a common criminal charge in the state, it’s a serious one.  The criminal defense attorneys at Van Severen Law Office, S.C. stand prepared to defend you.  We recognize that situations can quickly get out of control, and that the government’s story usually doesn’t include all the facts.

Finally, we believe in transparent pricing and offer free initial consultations to potential clients.  This can be on the telephone or in person, whichever you prefer.  Contact us at (414) 270-0202 and let’s figure out how our team can help you.