“Mayhem” is a less-common charge under Utah criminal law. But a conviction for mayhem can result in up to 15 years in prison and fines and surcharges of almost $20,000.
Elements of a Mayhem Charge in Utah
Under the Utah criminal code, a person is guilty of “mayhem” if he “unlawfully and intentionally deprives a human being of a member of his body, or disables or renders it useless, or who cuts out or disables the tongue, puts out an eye, or slits the nose, ear, or lip.”
The best defense attorneys ask questions that police don’t.
A criminal conviction for mayhem is a second degree felony. Mayhem may also be charged as a domestic violence offense.
The concept of “depriving a human being of a member of his body” typically refers to a situation where a body part is cut or bitten off entirely. Typical allegations in a mayhem case could involve a person biting off another person’s finger or ear during a fight. The removal of a body part can also be done with a knife or other sharp object.
Proof of Intent in a Utah Mayhem Case
Simply engaging in conduct that results in the loss of a body part is not, by itself, sufficient to support a mayhem charge. The prosecuting attorney must also prove that the person acted “intentionally.” For example, proof that a person was hit or pushed, and in the process accidentally bites the tip of his tongue, does not, by itself, prove criminal mayhem. But while the evidence may be insufficient to support a mayhem charge, there may still be sufficient evidence to support a charge of assault or aggravated assault.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
Finding the Criminal Defense Lawyer
We have experience representing clients charged with mayhem and other violent and non-violent criminal charges throughout Utah. Contact us now to schedule an initial consultation and see how our criminal defense team can help your case.
