Assault can take many forms under California law. However, one particularly dangerous and disturbing type is assault with caustic chemicals. This offense involves someone deliberately attempting to harm another person by throwing or placing harmful substances, such as acids or flammable liquids, on their body. Because these acts often result in serious physical and emotional trauma, the law takes them very seriously.
What Is Assault with Caustic Chemicals?
Under California Penal Code Section 244, assault with caustic chemicals occurs when someone willfully and maliciously throws, places, or causes a caustic chemical, corrosive substance, flammable material, or vitriol to come into contact with another person with the intent to injure or disfigure them.
What Are Caustic Chemicals?
The term caustic chemicals includes substances capable of burning or corroding human tissue. Common examples include:
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Hydrochloric acid
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Sulfuric acid (vitriol)
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Nitric acid
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Lye (sodium hydroxide)
These chemicals are often found in industrial cleaners, automotive fluids, and other household or commercial products.
Importantly, flammable liquids are also covered under this statute. To qualify, a substance must have a flashpoint of 150°F or less, meaning it can ignite quickly and inflict serious harm when misused.
Elements of the Crime: What Prosecutors Must Prove
To secure a conviction under Penal Code 244, prosecutors must demonstrate four essential elements beyond a reasonable doubt. These elements, as explained in CALCRIM 877 Jury Instructions, are:
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The defendant acted willfully and maliciously.
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The defendant threw, placed, or caused a caustic chemical, corrosive substance, or flammable material to touch the victim.
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The defendant intended to injure the person’s skin or disfigure their appearance.
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The action was not carried out in self-defense or in defense of others.
Why Intent Matters
Intent is a critical factor in these cases. The law applies only when the accused deliberately uses a harmful substance to injure or disfigure another individual.
Example 1: No Criminal Intent
Suppose someone, trying to escape a robber, tosses a liquid to distract them. If the liquid unintentionally contains acid and injures the robber, the person may not be guilty under Section 244. There was no intent to disfigure or injure, which is a necessary element of the offense.
Example 2: Clear Intent to Harm
In contrast, imagine a woman in an argument with her neighbor throws a chemical in their face while yelling insults. If the chemical causes burns or scarring, and there’s evidence of intent to harm, prosecutors are likely to charge her with felony assault under this statute.
Penalties for Assault with Caustic Chemicals
Because of the severe potential consequences, this offense is classified as a felony in California. Penalties include:
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2, 3, or 4 years in state prison
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A fine of up to $10,000
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Felony probation, sometimes with county jail time
If probation is granted, the court may impose additional conditions such as:
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Serving up to 1 year in county jail
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Making restitution to the victim
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Attending mandatory counseling
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Complying with a restraining order
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Regular meetings with a probation officer
Legal Defenses to Penal Code 244 Charges
Although these charges are serious, several valid defenses may apply. Some common strategies include:
1. Lack of Intent
If the defendant had no intention to harm or disfigure the other person, the charges may not stand. Accidental contact, even if harmful, does not satisfy the required intent.
2. Self-Defense or Defense of Others
If the accused acted to prevent imminent harm to themselves or another person, that justified use of force can be a strong defense.
3. Accidental Act
Mistakes can happen. For example, if someone accidentally spilled a chemical while handling it responsibly, that does not amount to an assault.
Related Offenses
Several other California laws may be charged alongside or instead of Penal Code 244, including:
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Battery causing serious bodily injury (PC 243(d))
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Mayhem (PC 203) – willful disfigurement or disabling of another
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Attempted murder (PC 664/187) – if intent to kill is present
What to Do If You’re Accused
If you’re facing a felony charge for assault with caustic chemicals, don’t wait. The stakes are high, and early legal representation can significantly impact your case outcome. A knowledgeable criminal defense attorney can evaluate the evidence, protect your rights, and advocate for the best possible resolution.
Injured by Caustic Chemicals? KAASS LAW Can Help
On the other hand, if you were injured by someone else’s use of caustic chemicals, you may have a valid personal injury claim. Victims often face long-term medical treatments, lost wages, and emotional trauma. The attorneys at KAASS LAW help victims seek compensation for:
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Medical bills
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Pain and suffering
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Lost income
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Disfigurement
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Emotional distress
Call us today at (310) 943-1171 for a free consultation.
Learn more here: KAASS LAW – Glendale Personal Injury Lawyer
Conclusion
Assault with caustic chemicals is among the most serious forms of assault in California. Defined under Penal Code Section 244, it requires a clear intent to injure or disfigure using harmful substances. Whether you’re facing charges or were injured in such an attack, understanding the law—and taking action—can make all the difference.