What is the current state of the law on aggravated mayhem and simple assault?
California, United States of America
The following excerpt is from People v. Hill, 23 Cal.App.4th 1566, 28 Cal.Rptr.2d 783 (Cal. App. 1994):
2 While aggravated mayhem ( 205) requires specific intent to cause the disfiguring injury, simple mayhem ( 203) is a general intent crime. (People v. Ferrell (1990) 218 Cal.App.3d 828, 832-833, 267 Cal.Rptr. 283.)
3 The later cases from Texas appellant cites are not inconsistent with this view. In Key v. State (1913) 71 Tex.Cr. 642, 644, the court concluded an attack might only be a simple assault, rather than a maiming or mayhem, if there was no serious injury and the disfigurement was slight. In Cox v. State (1951 Tex.) 156 Tex.Crim. 444, 242 S.W.2d 369, 370 the court simply stated that an injury would not support a conviction for mayhem unless the victim were deprived of the use of a member of his body.
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