Legal Question in Criminal Law in California

Re: criminal charges

No, mayhem (Penal Code section 203), corporal injury to a spouse (PC 273.5) and "adw" (PC 245) are not the same thing.

Mayhem carries 2, 4 or 8 years in state prison. 273.5 carries 2, 3 or 4 years and the 245 carries 2,3 or 4 years.

Although they may merge for the purpose of sentencing if this defendant is convicted of all charges, adding the 245 has just added a second strike to the charges, so if convicted, the defendant will walk out of this case with two strikes.

If the facts support BOTH the adw and the mayhem, then adding the count potentially adds an additional year to the maximum sentence. (For example, if injuries were inflicted that satisfied the mayhem elements AND there was a stabbing that was a separate injury, then the extra year could come into play. If the stabbing was also the eent that caused the mayhem-type injury, then they would likely merge for sentencing purposes and not add additional time, but it would still be a second strike if convicted.)

Assuming all three charges are distinct factually, then the maximum in your scenario is 10 years state prison.

Re: criminal charges

Every charge carries its own 'time' upon conviction or plea. If you're the defendant, get a good attorney, you're going to need one, you're facing serious charges and 'time'. If that is the case, feel free to contact me if serious about doing so.