The crime of assault is among the most severely punished offenses under California law. If you assault another person, the prosecutor can file simple assault charges or aggravated assault charges. Aggravated assault has more severe penalties than simple assault. You can face aggravated assault charges for assaulting a person with a caustic chemical. However, the prosecutor must demonstrate all elements of your crime for the court to find you guilty of aggravated assault.
Assault with a caustic chemical is mainly a felony offense in San Diego, punishable by up to four years in prison and a hefty court fine. If you are falsely accused or your actions were merely accidental, our skilled defense attorneys at the Law Offices of Anna R. Yum can help with your defense. We can defend your rights and develop the best fighting strategies to ensure the judge dismisses or reduces your charges.
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The Legal Definition of Assault With Caustic Chemicals
The law against assaulting another person with a caustic chemical is under PC 244. You violate this law if you throw or place a caustic or flammable substance on another person to injure, disfigure, or kill them. It is a felony offense that could result in a four-year prison sentence and a court fine of up to $10,000. However, an arrest for this offense does not automatically result in a conviction. The prosecutor must demonstrate all the elements of this crime beyond a reasonable doubt for the judge to find you guilty. These elements constitute the legal definition of this crime.
The legal definition of assault with a caustic chemical is contained in the following elements:
- You placed, threw, or caused another person to place or throw a caustic chemical, flammable, or corrosive substance or vitriol on another person
- Your actions were willful and malicious
- You intended to injure the person or disfigure their body
Let us discuss each of these elements further to understand the crime better:
The Meaning of Caustic Material
The legal definition of this crime uses caustic chemicals as a general term for any caustic material, flammable, corrosive substance, or vitriol compound that can injure or disfigure a person’s body.
A caustic chemical can corrode or burn a living tissue. A flammable substance has a flashpoint of a high degree, enough to burn and disfigure a person’s body. Examples include gasoline and other flammable liquids. A flashpoint is the lowest possible temperature that can cause a liquid chemical vapor to ignite.
Vitriol compounds are acidic compounds that can run a human body. Examples include sulfuric acid, which is popular for burning human skin. Enough of this compound can severely corrode a person’s flesh, leaving them fighting for their lives or with a life-changing disfigurement or scarring.
Willful and Malicious Actions
The prosecutor must demonstrate that your actions are willful and malicious for the court to find you guilty of assault with a caustic chemical. Your actions are willful if you act on purpose, not accidentally. You act maliciously when you commit a wrongful or lawful act with an unlawful intention to defraud, aggravate, hurt, injure, or disturb another person.
Remember that the act, in this case, is to throw, place, or cause a person to throw or place a caustic chemical on another person.
The Intent
It is not enough for the prosecutor to demonstrate that you threw or placed caustic material on another person to be convicted under PC 244. They must demonstrate your intent of scarring, hurting, or injuring the other person’s flesh or skin or causing disfigurement to their body. The purpose is critical when prosecuting this offense. The judge can dismiss your charges if the prosecutor cannot demonstrate it beyond a reasonable doubt.
This intent is what makes this a very severe crime. When you intentionally and maliciously place or throw a caustic chemical on another person with the intent to cause them a permanent injury, you could receive a severe penalty upon conviction. Remember that the prosecutor bears the burden of proof in cases like these. The judge will deliver a guilty verdict if they demonstrate this crime’s elements beyond a reasonable doubt. Consequently, you will receive severe penalties, including a lengthy prison sentence and a hefty court fine.
However, you can counter the allegations with the assistance of a skilled criminal attorney. An attorney can look for loopholes in your case to weaken the prosecutor’s case and trigger a favorable outcome. They can also propose a plea bargain whereby you plead guilty to a less severe offense. Working with an attorney is also beneficial because they will defend your rights and fight for the best outcome for your case.
Possible Penalties for a Conviction Under PC 244
Assault with a caustic chemical is a type of aggravated assault, meaning that it is a graver offense than simple assault. While a simple assault charge is a misdemeanor, PC 244 is a straight felony. You should expect more severe penalties if the court finds you guilty after a trial. The likely penalties you could face after a conviction are:
- Two, three, or four years in prison
- Felony probation
- A court fine of up to $10,000
The judge can send you to probation instead of jail if the circumstances of your case allow. However, they could require you to serve part of your sentence in jail and the remaining part on felony probation. Typically, felony probations last for three to five years. If you qualify for probation, the judge will hand over your case to the probation department. You will be assigned a probation officer to monitor your progress during probation. You must meet periodically with your officer to discuss your progress and challenges.
Additionally, the judge will set conditions you must abide by during probation. You must understand these conditions well and try not to violate them. Violating a probation condition results in grave consequences, including additional criminal charges and the reinstatement of your prison sentence. Here are examples of probation conditions the judge can set in your case:
- You must not commit any crime or be arrested while on probation
- You must meet regularly with your probation officer
- You must engage in community service
- You must enroll and complete a treatment or rehabilitation program, like anger management, drug or alcohol abuse, or an addiction program.
- You must pay all court fines and restitution (if it applies in your case)
- You should register and participate in an individual or group counseling program
- You should comply with any protective or stay-away order issued by the judge during sentencing
If you serve your probation well, you will be free to live your life after the probation. Remember that probation is beneficial because it allows you to serve your sentence out of jail or prison. However, you could lose that opportunity if you violate any court-issued conditions. When the judge receives a report that you have violated your probation, they will hold a hearing to determine the circumstances and consequences of the violation. Your probation officer will prepare a report detailing the breach and any other information that could be crucial to the court.
After reviewing your case, the judge can make any of the following decisions:
- To reinstate your probation under the same conditions but with a stern warning against further violations
- To reinstate your probation but under new, stricter probation conditions and a warning against further violations
- To cancel your probation and to send you to prison for the recommended term under the law.
Other Consequences of a Conviction for Assault With a Caustic Chemical
In addition to the criminal penalties mentioned above, a felony conviction under PC 244 will result in other severe consequences, some of which are life-changing.
For example, it will leave you with a damaging criminal record affecting various aspects of your life for years. The consequences of a felony conviction record are usually graver than those of a misdemeanor record. You could face difficulties finding suitable employment, renting a home, or even making friends. People are skeptical about associating with or even trusting ex-convicts. This could make it difficult for you to start life after serving your sentence.
A felony conviction will also affect your professional license. Most licensing bodies will cancel your license immediately after you are charged with a felony offense. This means the end of a career that has taken you so many years and cost you a lot of money to build. It also marks the end of your livelihood. Due to the damaging criminal record, obtaining another professional license after serving your sentence could be challenging.
A felony conviction will also affect your gun rights. All adult Californians enjoy some gun rights, which allow them to purchase, possess, and use a firearm as long as they obtain the necessary licenses. However, you lose those rights once convicted of a felony offense. If you are a firearm holder, you must surrender it immediately after the conviction. If you enjoy hunting, you can forget about that hobby for a while or forever after the conviction. The judge will specify how long you will lose your gun rights after conviction, whether for a few years or permanently.
Assault with a caustic chemical is a crime of moral turpitude. A conviction will likely affect your immigration status if you are a nonimmigrant living and working in California. The immigration department can take stern action against you immediately after your arrest or after serving your sentence. For example, you can be marked as inadmissible to the United States. This means you cannot return to the country after leaving for whatever reason. You could also be eligible for deportation, which means a significant loss to the life you have built for yourself and your loved ones in the state.
Fighting Charges Under PC 244
A conviction for aggravated assault, specifically assault with a caustic chemical, results in grave consequences, including a lengthy prison sentence and a hefty court fine. Other consequences of a conviction also apply, and they can affect your life for a very long time. However, all that can change if you put a solid defense against your charges. You can do so with the assistance of a skilled criminal defense attorney. In addition to defending your rights and offering legal advice, attorneys have several legal defense strategies they can use to change the outcome of a criminal case. Here are examples of such methods that your attorney can use in your case for a favorable outcome:
Your Actions Were Accidental
Placing or throwing a caustic chemical on a person is a grave offense, as it can severely damage their skin or disfigure them. However, the judge can only convict you if there is evidence that your actions were willful and malicious. An intentional act is purposely done, which, in this case, is to disfigure or injure the other person. Thus, a conviction is impossible if you can prove your actions were accidental.
An accidental act means you did not intend to harm the other person. It could be that the caustic chemical slipped from your hands and touched the other person’s skin by mistake, or you accidentally hit something that caused a caustic chemical to pour on another person.
If this is the case, a skilled attorney will know best how to explain your actions to the court to convince the jury that the other person’s injury was only an accident and not due to a willful act. If this works, the judge will dismiss your charges.
Note: You will not be found guilty if you accidentally harm another person using a caustic chemical, regardless of how severe the injuries are.
If you injure another person by accident or oversight, the prosecutor can seek a lesser charge, like battery. This will significantly reduce your penalties.
You Were Acting in Self-defense
Self-defense and defense for other people are acceptable defense strategies in assault-related charges, including aggravated assault. However, you must demonstrate that you were facing imminent danger and had to defend yourself or another person from harm, thereby injuring the victim with a caustic chemical.
If you are at risk of injury or death, or someone else is, you are legally allowed to defend yourself. However, you can only use reasonable force according to the danger you face. The judge will consider the force you used against the threat you allegedly faced to determine whether to accept this defense strategy.
If you notice that someone is afraid for their safety, you are legally allowed to come to their rescue, but only by using reasonable force. For this defense strategy to apply, the person you are defending must not necessarily be known to you. They can be a close relative of yours or a stranger. What matters is that you demonstrate the danger the person was in and how your actions reasonably protected them from the danger.
The law allows you to stand your ground, whereby you can do something about an imminent threat instead of walking or running away from it. If your immediate action includes placing or throwing a caustic chemical on the alleged attacker, the judge can dismiss your charges.
You Did Not Intend to Harm The Other Person
Remember that the prosecutor must demonstrate all the elements of this offense beyond a reasonable doubt for the court to find you guilty of assaulting a person with a caustic chemical. One of these elements, which is very critical, is that you throw or place a casting chemical on a person with the intent to harm them. By harming them, you intend to injure or disfigure their physical body. If you did not intend this, you can successfully fight your charges.
Your skilled attorney can argue that you were only playing around and did not intend to injure the other person. They can also say that you did not imagine the chemical’s harm and did not anticipate the resulting damage. Or, they can demonstrate your lack of knowledge about the contents of the container with the caustic chemical.
If your attorney convinces the jury of your lack of intent to injure or disfigure the other person, the judge will dismiss your charges.
You Are Falsely Accused
False accusations are very standard in assault-related cases. They occur when an injured person or someone else falsely accuses you of causing their injury.
When determining criminal cases, the jury and the judge consider the evidence the prosecution and defense teams presented. If the prosecutor has sufficient evidence against you, the judge will deliver a guilty verdict regardless of whether you committed the crime. You must find evidence to counter the prosecutor’s case to avoid a guilty verdict.
Experienced criminal defense attorneys who have handled false accusations in the past understand how difficult it could be to prove their client’s innocence without proper evidence. Thus, your attorney will find sufficient evidence to prove that you did not commit the crime you were alleged to commit. For example, they can use your alibi to show that you were not near the alleged victim during the crime.
Sometimes, false accusations occur due to mistaken facts. Your attorney can use forensic evidence to prove that someone else, not you, committed the crime, which will result in dismissed charges.
A Plea Bargain
Although criminal trials allow suspected offenders to fight their charges in court, there is usually no certainty that the trial will result in a favorable outcome. A plea bargain is an excellent idea when the prosecutor has overwhelming evidence against a defendant. It results in a more lenient sentence than what the defendant would get if the judge delivered a guilty verdict. A skilled criminal defense attorney will know when to suggest or accept a plea bargain to or from a prosecutor.
Prosecutors use plea bargains to close cases quickly and ensure that a seemingly guilty defendant pays for their mistakes. On the other hand, criminal defense attorneys use plea bargains to obtain a favorable outcome for their clients. Accepting a plea bargain means pleading guilty to a lesser offense than waiting for an uncertain outcome for your case.
Remember that assault with a caustic chemical is an aggravated felony. The prosecutor can allow you to plead guilty to simple battery to avoid the severe consequences of a felony conviction. A simple battery charge is mainly a misdemeanor, for which you could be sentenced to probation instead of jail time.
Assault With a Caustic Chemical and Related Crimes
Some crimes under California law are closely related to PC 244. Examples include the following:
Hate Crimes
A hate crime is any crime committed against a person because of their ethnicity, gender, disability, sexual orientation, religion, nationality, or anything that makes them unique or sets them apart from other people. The law protects all people against discrimination and harassment so they can freely exercise their civil rights without fear.
According to PC 422.55, a hate crime is a wobbler offense. This means the prosecutor can file misdemeanor or felony charges against a perpetrator based on their criminal record and case details. A misdemeanor is punishable by a year in jail or probation, while a felony is punishable by up to three years in state prison.
Assault Using a Deadly Weapon
This, too, is another form of aggravated assault, whereby the perpetrator uses a dangerous weapon to inflict an injury on another person. A deadly weapon can be a knife, gun, or any other object that could cause a significant injury to a human body.
This, too, is a wobbler offense. A misdemeanor is punishable by a year in jail, while a felony is punishable by four years in state prison.
Find Competent Criminal Defense Services Near Me
If you or your loved one is facing criminal charges for assault with a caustic chemical in San Diego, you can benefit significantly from competent criminal defense services. This is a grave offense, a conviction that can result in life-changing penalties and consequences. The assistance and support of a criminal defense attorney will ensure you are well-guided throughout the complex legal process. It will also ensure you understand your rights and options.
We handle all kinds of aggravated assault cases at the Law Offices of Anna R. Yum. Thus, we have the skills and experience to help you fight for the best outcome for your case. Call us at 619-493-3461 to share the details of your case with our skilled attorneys. Together, we will decide on strategies that will result in a favorable resolution.