As an aggravated assault, a conviction for assault with a caustic chemical will likely result in a grave sentence. The sentence can include a lengthy prison sentence, a hefty court fine, and other life-changing consequences, including loss of your gun rights and a damaging criminal record. A conviction for this offense can have lasting consequences, including employment restrictions, loss of firearm rights, and a permanent criminal record. However, you can change the outcome of your case with the assistance of a competent criminal attorney.

Our highly skilled and experienced attorneys at Monterey Criminal Attorney have the expertise you need to push for the best possible outcome in your case. We understand how damaging a conviction for a severe felony can be in your life. We can use the best defense strategies to compel the prosecutor to reduce your charges or the judge to dismiss them altogether.

The Legal Meaning of Assault with a Caustic Chemical

Assault and battery are some of the most popular violence-related offenses under California law. Assault occurs when one person attempts to harm another person. You commit assault with caustic chemicals when you willfully and maliciously throw at or place a harmful substance on someone else with the intent to harm or disfigure their body. You are also guilty of this offense if you cause another person to throw at or place a harmful substance on someone else for the same intent. In this case, a caustic chemical will be any corrosive or flammable substance that can harm another person’s body or disfigure it. Examples include vitriol or corrosive acid.

Like any other criminal charge, a conviction for assault with caustic chemicals requires the prosecutor to prove all elements of the offense beyond a reasonable doubt. The prosecutor must provide strong evidence to prove guilt beyond a reasonable doubt. In most cases, victims of this offense sustain severe disfigurement or bodily burns. Evidence of the resulting damage can help prove your actions during the trial for the prosecutor to obtain a guilty verdict. According to Penal Code 244, the prosecutor must demonstrate the following elements:

  • You deliberately threw at or placed a caustic or flammable substance at another person or caused another person to commit this act.
  • You acted willfully and maliciously.
  • You intended to physically injure or disfigure the person

Remember that the details of your case must satisfy all these elements for the court to deliver a guilty verdict. The judge will dismiss your case if the prosecutor cannot demonstrate one or more of these elements. Your attorney can also weaken the prosecutor’s case by challenging one or more elements. This can lead to a case dismissal.

Here are some of the questions you should seek answers to when seeking to understand your charges:

What Constitutes Caustic Chemicals?

Caustic chemicals burn or corrode living tissues like the mucous membrane and human skin. They affect the outer and inner parts of the living tissues, affecting their appearance and function. These chemicals can be combustible or flammable substances like vitriol, which contains sulfur and other substances.

For this statute, a flammable chemical has a flashpoint of up to 65 degrees Celsius. This flashpoint refers to the lowest temperature at which the substance in its liquid point can vaporize. If a particular substance has a low flashpoint, it can ignite and cause so much damage at that low flashpoint. Gasoline is an example of such a substance since its flashpoint is 140 degrees. Examples include oil-based paint, cleaning solvents, kerosene, LPG, mineral oil, and sulfur.

Note: The human body can take a maximum temperature of 37 degrees. This explains why substances with a higher flashpoint can quickly disfigure or destroy it.

What Constitutes a Malicious or Willful Act

Remember that you must have acted willfully and with malice to be guilty under PXC 244. Although challenging, the law requires the prosecutor to demonstrate these two elements to obtain a guilty verdict.

Your actions are considered willful when you act willingly, even when fully aware that your actions are wrongful or unlawful. You act maliciously when you intend to annoy, harm, or defraud a person. When you knowingly place or throw a harmful chemical at another person or cause another person to do it, and you intend to harm the person, you are guilty of assault with a caustic chemical.

The Challenges Prosecutors Face in Proving These Cases

Like other criminal cases, the prosecutor has more than one element of a case to prove beyond a reasonable doubt. The burden of proof is usually challenging for most prosecutors, especially in such cases. Although it is possible to prove that a person placed or threw a harmful substance at another, it can be challenging to prove the person’s intent beyond a reasonable doubt. They have to introduce other case factors to establish a perpetrator’s intent. For example, introducing the fact that the alleged perpetrator and the victim had previously fought or the perpetrator had previously threatened to harm the victim.

It is also challenging for a prosecutor to prove that someone acted willfully or maliciously. The prosecutor must demonstrate that the alleged perpetrator had absolute control over their actions.

Prosecutors risk losing cases like that when the alleged perpetrator has a strong defense team. The defense can create loopholes or reasonable doubt in the prosecutor’s case, causing the prosecutor to lose the case. They can also weaken the prosecutor’s case by fighting one or more elements of the crime. Remember that A jury or judge, not "the court," delivers a guilty verdict. Also, guilty verdicts occur when the prosecution proves the case beyond a reasonable doubt, not just by demonstrating elements.

However, there is always an equal chance of winning or losing a criminal case. It is impossible to predict a jury’s reaction to a particular case. The jury can be sympathetic to a perpetrator or the victim, making it challenging to predict the outcome before the verdict. You must prepare well for your defense to improve your chance of success. You must hire legal representation, gather evidence, and prepare statements even if the crime was accidental.

Preparing For a Trial After an Arrest for Assault with Caustic Chemicals

If you face charges for disfiguring or injuring another person using a caustic chemical, the possible penalties upon conviction will be grave. Under Penal Code 244, assault with a caustic chemical is a serious felony that can lead to significant penalties, including prison time. This means that the judge will likely give you the harshest sentence for aggravated assault under the law. Knowing this will inform your decision-making. For example, you can start planning your defense early enough to improve your chances of obtaining a favorable outcome. This can be done by hiring the most experienced and aggressive criminal defense attorney. You also want to gather solid evidence and prepare a statement that can compel the judge to rule the case in your favor.

The California criminal justice system can be very complicated. Only people who have navigated it severally, like experienced criminal attorneys, prosecutors, and judges, can do well without delays or mistakes. This means you can be lost if you choose to work alone. A competent attorney will ensure you understand the processes involved, what to expect, and the likely outcome. They will also defend your rights and help you with some complex processes to speed up the matter and for efficiency.

Even after hiring the best attorney, there is a lot you can do to prepare yourself for the trial ahead. Any preparation you make increases your chances of obtaining a favorable result. You can start by documenting all the case facts to ensure you do not forget or misrepresent a fact. Here are some of the critical facts you must have:

  • The day and time when you allegedly committed the crime
  • The crime scene or the location where it happened. The place can be a public, workplace, or private apartment.
  • If someone was present during the commission of the crime, have their names and contacts written down. Such persons can act as eyewitnesses during the trial.
  • Other circumstances of the case, including what happened just before the crime occurred and what happened after
  • The reasons for your actions, whether you were angry, accidental, or acting in self-defense
  • If you have any relationship with the victim, or how long you have known them

Although you will share all this information with your attorney, it is critical to have the details written down for regular reference. This helps you avoid mistakes when giving statements to the police or in court. Also, ensure you share relevant details with your attorney without leaving out any information. The prosecution team will use any information in or out of your case against you during the trial. Sharing as much information with your attorney as possible ensures they are well-prepared to defend you.

Not all criminal cases that start with an arrest end with a conviction and sentencing. Some cases are settled out of court through an agreement between a victim and the alleged perpetrator. If the victim wishes to settle the matter out of court, you can consider it to avoid undergoing an intensive and uncertain criminal process.

Sometimes, the prosecutor can propose a plea deal to conclude the matter before a trial. This could also be a golden chance for you to avoid the harsh penalties of a conviction for assault with caustic chemicals. However, allow your attorney to review the matter and the evidence against you for proper legal advice. If your skilled attorney feels the plea deal is an excellent idea, you should take it. However, if they think you stand a better chance of winning at the trial, you can reject the plea deal.

Cases not concluded out of court or after a successful plea deal must go through a trial. The trial's outcome will determine the next step the judge will take. If a jury trial finds you guilty of assault with a caustic chemical, the case will go to sentencing. Then, the judge will issue a sentence according to the details of your case and your criminal history.

Sentencing and Penalties for a Conviction Under PC 244

Remember that under Penal Code 244, assault with a caustic chemical is a serious felony that can lead to significant penalties, including prison time. Thus, the prosecutor will file felony charges against you under PC 244. According to the law, this offense is punishable by the following:

  • Two, three or four years in a state prison or felony probation for up to five years
  • A court fine of up to $10,000

The Prison Sentence

A felony conviction will likely result in a prison sentence. This is far more serious than a jail sentence. The detention can last up to five years, a long time away from your job or family. You will likely lose your job, business, and any other valuable life you have built for yourself over the years. A prison sentence will also appear on your criminal record, which is usually publicly available. Anyone who checks your background will find out about your crime and sentence. This could cause you to lose many critical opportunities in life, including a good job or a suitable neighborhood to live in.

The Court Fine

A felony conviction will likely result in a hefty fine by the court. A fine of $10,000 can be costly, especially if you or your family is already struggling financially. You can face grave legal issues if you fail to pay the fine within the required time.

Felony Probation

The judge has total discretion in determining the correct sentence according to your case’s details and criminal history. If they sentence you to probation, you could serve part of your sentence in a county jail. Felony probation lasts for between three and five years. You will be under the supervision of the probation department during probation. You must meet regularly with your probation officer to discuss your progress. The officer will prepare and submit your progress reports to the court for evaluation. If you are doing well while on probation, the judge will continue your probation. However, if you perform poorly, the judge can revoke it.

You can perform poorly while on probation in different ways, including violating your probation conditions. Since probation entails serving your sentence out of detention, judges set probation terms and conditions that defendants must abide by throughout the probation period. For example, the judge can order you to communicate openly with your probation officer for progress evaluation. They could order you to undergo treatment or rehabilitation for an underlying problem, like a drug or anger issue. The judge can also require you to complete a particular number of hours of community service. These conditions are critical.

When you violate your probation, the judge will hold a hearing to determine the cause of the violation and the proper consequences. Remember that violating your probation is a grave offense. The judge will have three options after evaluating the matter:

  • They can issue you with a warning and continue probation under the same terms and conditions as before
  • They can issue you with a warning and continue probation but on new and stricter probation terms and conditions
  • They can cancel your probation and send you to prison for the recommended period for this offense under the law.

Violating your probation can also affect your future chances of obtaining probation after an arrest. Judges will be skeptical about sentencing you to probation when you have a history of violating probation.

Other probation conditions you can receive during sentencing after a conviction under PC 244 include the following:

  • The judge can order you to pay the victim or the victim’s family restitution.
  • You could be required to enroll and pay for the group or individual counseling or therapy.
  • The judge can order you to stay away from the victim and their family

How To Fight Charges under PC 244

The penalties of a conviction for assault with caustic chemicals are life-changing. In addition to a prison sentence, felony probation, and the hefty court fine, the conviction will leave you with a life-altering criminal record that will make it difficult to recover what you lose or build a better life for yourself. Sadly, criminal records are usually a public matter.

Anyone can access your criminal record when they run a background check. If a potential employer does it, you could lose your chances of finding suitable employment. If an insurance company does it, you could pay more for insurance. If a landlord sees it, they could deny you a chance to rent or lease.

Fortunately, a trial allows you to fight your chances for a reasonable outcome. You do not have to wait to receive all these severe penalties. You only need to hire a competent criminal defense attorney for a solid defense against your charges. Here are some of the best strategies they can use to obtain a reasonable outcome in your case:

You Did Not Assault the Alleged Victim with a Caustic Chemical

Remember that the prosecutor bears the burden of proof in criminal cases. They must prove beyond a reasonable doubt that you assaulted the alleged victim with caustic chemicals. The prosecutor will have difficulties meeting this burden if the offense does not occur. This could compel the judge to dismiss your charges.

Your attorney can challenge the prosecutor’s case if you did not commit the alleged crime. Assaulting a person with a caustic chemical requires you to place or throw a dangerous chemical at the person. If none of this happened, you are not guilty under this statute. If you placed a caustic chemical on a shelf or table and a person or something knocked it down, you are not liable if a person sustained an injury or defamation. You are not guilty unless you willingly and maliciously place or throw the chemical at the person to injure or disfigure them.

Your Actions Were Not Willful or Malicious

A conviction under PC 244 requires you to have acted willfully and maliciously to disfigure or injure another person using a caustic chemical. You are not guilty if your actions were not willful or malicious. Remember that a willful act is deliberate. A malicious act is committed with complete disregard for the safety of another person. These elements of this offense can be very challenging for the prosecutor to demonstrate. Since knowing a person’s intent is difficult, you can easily challenge your charges by refuting the claim that you acted willfully and maliciously.

This could be true if you were unaware of the nature of the caustic chemical when you placed or threw it at the alleged victim. It could also be true if your actions were accidental. A competent attorney will know how to argue your defense to avoid a conviction.

You Face False Accusations

A false accusation is not uncommon in an assault and battery case. Sometimes, an alleged victim can falsely accuse a person who has wronged them in the past to get even with them or out of revenge. You can also be falsely accused if someone mistakenly identifies you as the perpetrator of a crime that another person committed. You need a skilled attorney to ensure you do not pay for a crime you did not commit.

Your attorney can use credible evidence to demonstrate your innocence. For example, a skilled attorney can use your alibi to prove you did not commit the alleged crime. The judge will dismiss your charges if this strategy works.

Find a Competent Criminal Defense Attorney Near Me

Assault with caustic chemicals under PC 244 is a grave offense whose conviction results in life-altering consequences. It can result in a lengthy prison sentence, a hefty court fine, and other consequences impacting various life aspects. If you face charges under this statute in Monterey, you must find legal help to understand your charges and develop a strong defense.

We understand how important it is for you to receive a favorable verdict in your case at Monterey Criminal Attorney. We can use our best strategies to push for the best possible outcome. We will also ensure you understand your rights and options for a smooth and successful process. Call us at 831-574-1791 to start the legal journey with us.