Penal Code 244 PC – Assault with Caustic Chemicals
California Penal Code 244 PC defines the crime of assault with caustic chemicals, which occurs by throwing or placing caustic or flammable substances on someone with the intent to injure or disfigure that person.
PC 244 says, "Any person who willfully and maliciously places or throws, or causes to be placed or thrown, upon the person of another, any vitriol, corrosive acid, flammable substance, or caustic chemical of any nature, with the intent to injure the flesh or disfigure the body of that person, is punishable by imprisonment in the state prison for two, three or four years.
As used in this section, “flammable substance” means gasoline, petroleum products, or flammable liquids with a flashpoint of 150 degrees Fahrenheit or less."
Simply put, it is illegal to assault someone with any acidic substance – meaning some sort of a substance that can burn or cause damage to living tissue. This happens a lot in some of these different locations where guns are outlawed.
People tend to resort to other, more dangerous items if they are looking to inflict significant bodily injury, death, or disfigurement on another person. The legislature, prosecutors, and judges take these California Penal Code Section 244 violations very seriously in California.
It's comparable to assault with a deadly weapon. The potential consequences are severe, including the possibility of a lengthy prison sentence.
Suppose you're charged with this Penal Code Section 244 violation, and they're claiming you're throwing acid or some other substance on someone.
In that case, they're going to have to be able to show that you did this maliciously and intentionally with the intent to disfigure the other person. If it's an accident as to what happened, then obviously, that will not be able to be proved under Penal Code Section 244 because there must be some malicious intent.
What Must Be Proven to Convict?
As indicated above, you have to show that the person had some malicious intent and that it wasn't an accident that caused whatever substance is used to get on the alleged victim in a case.
Also, it's going to have to cause some sort of severe disfigurement or damage – similar to mayhem, where you injure somebody in a way that they cannot recover from the injury. In other words, it causes some scar that will never go away or some other disfigurement – it's the same thing with throwing acid or some kind of a caustic substance on someone in Los Angeles County.
If you get that on them with the malicious intent to disfigure them, then they're going to charge you with the crime, and they're going to look into these types of cases to send you to state prison.
If you find yourself charged with such a serious offense, it's crucial to seek legal counsel. A skilled criminal defense attorney can assess your case and determine the best course of action, whether it's a jury trial or a plea bargain.
What are the Defenses?
One potential defense could be self-defense. In other words, if somebody is trying to injure you in a way and is using some deadly force against you – as a matter of self-defense in Los Angeles County – you are permitted to use the same lethal force that that person is using to defend yourself.
For example, if someone was trying to stab you with a knife, which is undoubtedly deadly force, and you threw acid on them, then you would argue that it's self-defense because you're trying to defend yourself, so you're not mortally wounded.
Now, if someone was trying to punch you and you threw acid on them, that might be going too far. That may not meet the reasonableness standard as it relates to self-defense. Throwing some caustic substance on somebody is a severe offense, and you'd have to have justification for it.
Of course, you also have to bear in mind the authorities, the judge, and any potential jurors are going to be asking themselves, wait a minute – why do you even have acid in the first place? Why do you have this acidic substance, and you're walking around with it versus if you think that somebody is going to harm you – going to the police and handling things the right way?
So, that would be discussed in one of these cases. If you're charged with Penal Code Section 244 – throwing some caustic substance on somebody – you will want to sit down with an attorney, be honest with them, and give them all the facts and details surrounding your case.
When you meet with your attorney, it's vital to be completely honest and provide all the details of your case. Your attorney needs a full understanding of the situation to effectively represent you in your criminal matter.
What I do is I have you come in, and we go over everything in the privacy of my office so obviously nobody can hear what we're saying. It's protected by the attorney-client privilege, even if you don't hire me.
I need accuracy and honesty without any spin. Once I hear that, I can give you an idea of what I think the defense should be, how we should handle the case moving forward, and what you're looking at related to the Penal Code Section 244 violation.
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