Also known as:maihematus · maihemium · mayhem · maim · maiming
Written by attorneys · grounded in primary & secondary sources — see below
A common law felony consisting of the unlawful and malicious infliction of an injury that deprives another person of the use of a bodily member in a way that makes the person less able to fight or defend himself.
Sources & Authorities
How it applies
Common Examples
6
Knife Attack During Bus Dispute
Madison Meyers boards a crowded bus and grabs the driver by the shoulder while demanding an early departure. The driver pushes the hands away with modest force. Meyers then draws a knife and severs the driver's forearm, leaving the driver permanently unable to grip a steering wheel or defend against further attacks.
Crushing Injury at Repair Shop
Miguel Mendoza reports a coworker for overcharging customers. The coworker lures Mendoza under a hydraulic lift and deliberately lowers the vehicle onto his chest, crushing his ribs and rendering one arm permanently useless for manual labor or self-defense.
Finger Jab Escalation at University
Melanie Morris jabs a professor in the chest during a grading argument. The professor grabs both of Morris's upper arms and shoves her backward into a table edge, fracturing her wrist and permanently impairing the use of that hand for writing or fighting.
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Common Law
Restatements
Dictionaries
Shovel Swing on Farm
Matthew Martinez swings a heavy shovel at a coworker during an argument over feeding schedules. The coworker jerks backward to avoid the blow, falls into a water trough, and sustains a back injury that permanently limits arm mobility needed for farm defense work.
Hydraulic Lift Retaliation
Melissa Mills learns that an apprentice reported her for misconduct. She lures the apprentice under a raised vehicle, lowers the lift onto his torso, and crushes his leg, leaving it permanently disabled for walking or self-protection.
Safety Harness Tampering
Mina Mehta disables a coworker's fall-protection anchor before sending her onto a high platform during a storm. The coworker falls and suffers a spinal injury that permanently eliminates the use of both legs for fighting or fleeing attackers.
Common questions
Frequently Asked
3
What level of injury turns an assault into the crime of maihem at common law?+
The injury must permanently or protractedly deprive the victim of the use of a bodily member or organ that is useful for fighting or self-defense. Minor or temporary harm does not qualify.
How does the Restatement treat maihem when defining serious bodily harm for self-defense privileges?+
The Restatement lists the infliction of maihem as one form of serious bodily harm that differs in kind from lesser injuries. Force likely to cause such harm is not privileged even in self-defense.
Is maihem still a distinct felony or has it been absorbed into modern assault statutes?+
At common law maihem was one of the nine recognized felonies. Modern codes often treat equivalent conduct as aggravated assault or battery, but the historical definition remains relevant for understanding serious-bodily-harm standards.
481 U.S. 279 (1987)Criminal Procedure
…Proceedings, 80 Colum. L. Rev. 701 (1980). [^maj-8]: Death could also be inflicted upon a slave who "grievously wound[ed], maim[ed], or bruis[ed] any white person," who was convicted for the third time of striking a white person, or who attempted to run away out of the province. A. Higginbotham, In the Matter of…