Maihemium est inter crimina majora minimum, et inter minora maximum.
/MY-hee-mee-um est IN-ter kri-MEE-na MAH-yo-ra MI-ni-mum et IN-ter MI-no-ra MAK-si-mum/·Latin maxim
Also known as:maihemium · mayhem · mayhem maxim · maihemium maxim
Written by attorneys · grounded in primary & secondary sources — see below
A Latin maxim classifying the common-law felony of mayhem as the least serious among major crimes yet the greatest among minor crimes.
Sources & Authorities
How it applies
Common Examples
6
Tractor Injury Raises Mayhem Classification
Marcus Mitchell drove a tractor over his cousin's leg during a farm argument, causing a crush injury that required amputation. The resulting permanent loss of the limb constituted mayhem under common law. Because the victim died more than a year and a day later, homicide charges were barred even though the injury met the serious bodily harm threshold.
Pipeline Felony Yields Mayhem-Level Harm
Monica Morgan rigged a fuel pipeline to steal product and disabled safety alarms. An explosion during maintenance caused a worker permanent loss of hand function. The injury qualified as mayhem, placing the conduct among the lesser felonies rather than misdemeanors.
Select any source to read its text and confirm it supports the definition.
Common Law
Restatements
Dictionaries
Harmelin v. Michigan501 U.S. 957, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991)
Finger Jab Prompts Defensive Push
Miguel Mendoza jabbed a professor in the chest during a grading dispute. The professor pushed back, causing bruises but no permanent loss of function. The response stayed within self-defense bounds because the initial contact did not rise to mayhem.
United States v. Feola420 U.S. 671 (1974)
Bus Driver Repels Shoulder Grab
Melissa Mills grabbed a bus driver by the shoulder and demanded an early departure. The driver used modest force to break the grip without causing serious injury. The contact threatened only minor harm and did not meet the mayhem threshold.
Bridges v. California314 U.S. 252 (1941)
Hotel Guest Pokes Trigger Defense
Meredith Maxwell repeatedly poked another guest in the shoulder and leaned in close. The second guest pushed her away, causing a wrist fracture after a fall. The push remained privileged because the threatened contact did not constitute mayhem.
Fisher v. United States328 U.S. 463 (1946)
Intoxicated Guest Forces Contact
Musa Mensah poked a hotel guest multiple times despite a request to stop. The guest pushed back with moderate force, sending the intoxicated person into a fountain. The resulting injury did not reach mayhem level, preserving the self-defense privilege.
Dimick v. Schiedt293 U.S. 474, 482–83 (1935)
Common questions
Frequently Asked
4
How does the maxim rank mayhem among common-law offenses?+
The maxim places mayhem as the least serious felony yet the most serious misdemeanor at common law. It sits among the nine traditional felonies but below murder, rape, and robbery in gravity.
What conduct constitutes mayhem under the common-law definition?+
Mayhem requires the unlawful and malicious infliction of injury that deprives another of the use of a bodily member useful for fighting or defense. Typical examples include disabling or disfiguring a limb or other defensive body part.
Why does the Restatement link mayhem to serious bodily harm?+
The Restatement treats the infliction of mayhem as one form of serious bodily harm because the resulting permanent loss of function differs in kind from lesser injuries. This classification guides the privilege to use force in self-defense.
Does the year-and-a-day rule affect mayhem liability?+
No. The year-and-a-day rule limits only homicide charges. A defendant may still face liability for mayhem or battery even when death occurs outside that period.
365 U.S. 167, 174Constitutional Law
…the United States, would, under any law of the United States then in force, constitute the crime of either murder, manslaughter, mayhem, robbery, assault and battery, perjury, subornation of perjury, criminal obstruction of legal process or resistance of officers in discharge of official duty, arson, or larceny; and if one…