Assault with Caustic Chemicals | Penal Code § 244

Description

Assault with Caustic Chemicals makes it a crime to throw acid or flammable substance with intent to disfigure or burn. A legal defense can include if the defendant did not act willfully or maliciously or did not intend to injure or disfigure the other person. Examples of Assault with Caustic Chemicals include throwing a mop bucket at a person during an argument or attempting spraying petroleum products from a pump at another person.

What does the prosecutor have to prove?

1. Defendant placed or threw, or caused to be placed or thrown, acid or a flammable substance upon the person of the alleged victim.
2. Defendant acted willfully and maliciously.
3. Defendant acted with the intent to injure or disfigure the body of the alleged victim. [Cal Crim No.877]

Punishment

Felony: 2years/3years/4years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No