Have you or your loved one been charged with the above-reference offense? If so, call Attorney Scambio for a free consultation at 508-796-5737.
The Massachusetts Legislature defines Mayhem by means of a dangerous weapon under Massachusetts General Law Chapter 265, § 14 as follows:
Section 14. Whoever, with malicious intent to maim or disfigure, cuts out or maims the tongue, puts out or destroys an eye, cuts or tears off an ear, cuts, slits or mutilates the nose or lip, or cuts off or disables a limb or member, of another person, and whoever is privy to such intent, or is present and aids in the commission of such crime, or whoever, with intent to maim or disfigure, assaults another person with a dangerous weapon, substance or chemical, and by such assault disfigures, cripples or inflicts serious or permanent physical injury upon such person, and whoever is privy to such intent, or is present and aids in the commission of such crime, shall be punished by imprisonment in the state prison for not more than twenty years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two and one half years.
The model jury instructions requires the Commonwealth to prove the following in order for the Commonwealth to prove each element of the offense. The Commonwealth must prove each of the following elements beyond a reasonable doubt at trial:
First: That the defendant acted with the specific intent to maim or disfigure the victim;
Second: That the defendant in fact assaulted the victim;
Third: That the defendant assaulted the victim by means of a dangerous weapon, substance or chemical; and
Fourth: That by such assault the defendant in fact disfigured, crippled or inflicted serious or permanent physical injury on the victim.
The first element the Commonwealth must prove beyond a reasonable doubt is that the defendant assaulted the victim with the specific intent to maim or disfigure. Intent refers to a person’s objectives or purposes. In this case, the Commonwealth must show that the defendant possessed the specific intent to maim or disfigure. By this, I mean that the defendant must have had it in his mind to do the proscribed act. It is contemplation rather than reflex, and it must precede the act.
Here, the Commonwealth must prove beyond a reasonable doubt that the defendant committed the proscribed act on the victim with the specific intent to maim or disfigure him.
The word “maim” has no technical meaning and should be construed in its plain, ordinary sense. “Maim” has been defined more widely as meaning to disable, wound or cause bodily harm or disfigurement. Thus, the Commonwealth must prove by either direct or circumstantial evidence that the defendant had a reasonable appreciation that a disabling or disfiguring injury would result from his acts, and that he meant to cause that result. You may consider all the surrounding facts and circumstances and weigh them considering your common knowledge and experience in order to determine whether to draw the inference that the defendant possessed the specific intent to maim or disfigure.
The second element of mayhem requires that the Commonwealth prove beyond a reasonable doubt that the defendant assaulted the victim. An assault can be either an attempt to use force on another person or a demonstration or display of an intent to use immediate force on another person.
The third element of mayhem requires that the Commonwealth prove beyond a reasonable doubt that the defendant assaulted the victim with a dangerous weapon, substance or chemical. A “dangerous weapon” is “any instrument or instrumentality so constructed or so used as to be likely to produce death or great bodily harm.” It may also be an instrument or substance that in and of itself may appear innocent and harmless, but which, “because of the manner in which it is used, or attempted to be used, endangers the life or inflicts great bodily injury; or is calculated as likely to produce death or serious bodily injury.” Dirt, for instance, may be a dangerous substance if it is rubbed in one’s eye. It is for you the jury to decide whether the weapon, substance or chemical was dangerous, and whether it was used in the assault on the victim.
The fourth element the Commonwealth must prove beyond a reasonable doubt is if by such an assault with a dangerous weapon, substance or chemical, the defendant disfigured, crippled or inflicted serious or permanent physical injury on the victim. Here, you must find that the injuries resulted from the defendant’s assault; the assault must have caused disfigurement, crippling or serious or permanent injuries.
The word “cripple” has been defined as meaning to deprive of the use of a limb, particularly of a leg or foot, to lame or to deprive of strength, activity or capability for service. Even if the victim completely recovers from his injuries, you may still find that the defendant disfigured, crippled or inflicted serious or permanent physical injuries on the victim.
If you have been charged with this offense and need a trial attorney with real trial experience and trial solutions, or if you have any questions related to this criminal offense, call Attorney Scambio today at 508-796-5737. Remember, before you decide whether to make any statements to law enforcement, discuss that decision with a competent attorney. Attorney Scambio is available six (6) days a week and will take your call to discuss assisting you in your criminal matter.