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California Penal Code Section 244 PC: Assault With Caustic Chemicals

March 21, 2024 Uncategorized

California Penal Code Section 244 PC: Assault With Caustic Chemicals

Assault with caustic chemicals–it sounds scary, right? But what exactly does it mean, and how does California law treat this type of assault? Keep reading to get the full scoop on Penal Code Section 244 PC.

What is Assault with Caustic Chemicals?

Let’s break this down–assault is when someone tries to physically injure someone else. Caustic chemicals are things like acid or lye that can burn or disfigure people. So assault with caustic chemicals is when someone tries to hurt another person by throwing or pouring these dangerous chemicals on them.

This type of assault is a felony under California law. That means it’s a really serious crime that can result in years in prison. Throwing acid or other chemicals on someone can cause severe burns and permanent injuries, so the law takes it very seriously.

What Does California Penal Code Section 244 Say?

Okay, let’s look at what the actual law says. Penal Code Section 244 PC states that assault with caustic chemicals happens when:

  • You willfully and maliciously place or throw a caustic chemical like acid onto someone else
  • You do this with the intent to injure or disfigure the other person

Let’s break down the key parts of this:

  • Caustic chemical – This means things like acid, lye, or any chemical that can burn or disfigure someone.
  • Willfully and maliciously – This means you did it on purpose, not by accident.
  • Intent to injure or disfigure – You meant to hurt or scar the other person, not just splash them as a prank.

So if you deliberately throw acid on someone to hurt them, you could be charged with assault with caustic chemicals under this law.

What Are the Penalties?

Assault with caustic chemicals is a straight felony under California law. That means it can be punished by:

  • 16 months, 2 years, or 3 years in state prison
  • Up to $10,000 in fines

If the victim suffers severe bodily injury like disfigurement or paralysis, the sentence can be increased to full felony punishment of 2, 4, or 6 years in prison. So this is not a crime that California takes lightly!

What Are Some Defenses?

Facing charges under Penal Code 244 PC? Don’t panic–there are defenses that a skilled California criminal defense lawyer may be able to use to fight the charges, such as:

  • You didn’t actually throw the chemical–it was an accident or someone else did it
  • The chemical wasn’t actually caustic and couldn’t cause injury
  • You didn’t intend to hurt the other person–it was just a stupid prank
  • You were falsely accused or wrongly identified

An experienced attorney can evaluate the details of your case and decide how best to build a defense to the charges.

Recent California Caustic Chemical Assault Cases

To understand how these charges play out in real life, let’s look at some recent caustic chemical assault cases in California:

People v. Estrada

In this 2020 case, Cesar Estrada was charged with assault with caustic chemicals for throwing acid in his ex-girlfriend’s face. He was angry she had left him for another man. The acid severely disfigured the victim. Estrada was convicted and sentenced to 6 years in prison.

People v. Clark

Michael Clark was charged with PC 244 after throwing drain cleaner in the face of a man he believed was having an affair with his wife. The chemical burned and blinded the victim. Clark claimed it was an accident, but was still convicted. He received 4 years in prison.

People v. Sanchez

In this 2019 case, Paula Sanchez admitted throwing acid at a woman who she thought was flirting with her boyfriend. She pleaded guilty to assault with caustic chemicals and received 2 years in prison plus restitution to the victim for medical expenses.

The Bottom Line

Assault with caustic chemicals is treated as a very serious violent felony in California. The penalties can involve years in state prison, massive fines, and restitution to the victim. But an experienced criminal defense attorney may be able to challenge the charges and fight for an acquittal or lesser charges. If you or a loved one is accused of this crime, don’t hesitate to seek legal help right away.

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