Pacoima, CA asked in Criminal Law for California

Q: Can a person be convicted of mayhem if they threw a flashlight at someone and it made a 1/4 inch split on their ear

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3 Lawyer Answers
William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: Maybe. Mayem is unlawfully and maliciously slitting an ear, among other acts. Penal Code section 203. You haven't explained why this person threw a flashlight. It could have been in self defense, which would preclude a finding of unlawfulness. It could be that the person accidentally hit the victim, or didn't intend to injure them, which would preclude a finding of malice. A jury gets to conclude whether the conduct was unlawful and malicious. Attorneys can only evaluate and give opinions about what juries might do.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

the correct answer is IT DEPENDS

was it self defense?

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

A: It depends on all the facts. A prosecutor would have to prove a lot of elements to get a conviction and we can't guess at what some of those facts might be... or whether they can be proven beyond a reasonable doubt which is the standard in criminal cases.

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