Committing assault using caustic chemicals is a severe offense, attracting felony charges and penalties for a convicted suspect. The prosecutor must establish your involvement in all elements of the crime before the judge determines it, so you must understand the primary factors related to the crime.
Among the main aspects of the crime is the malicious intent to injure the victim by throwing caustic chemicals with a corrosive effect on their skin. The criminal charge warrants a trial to establish the specific circumstances of your case. You will also have a chance to raise counterarguments as a defense to the accusations.
If your claims are persuasive enough, you increase your chances of a more favorable outcome, including an acquittal or a sentence reduction. You have better options for a smooth trial process if you work with an experienced criminal defense attorney, so you want to contact a trusted legal team soon after your arrest.
At California Criminal Lawyer Group, you will work with skilled criminal attorneys ready to take on your case and conduct thorough research. Our input will help you develop strong defenses applicable to the case facts, allowing you to cast reasonable doubt on the prosecutor’s accusations. You can also rely on us for continuous updates on the case's development and guidance on how to proceed. Our services are available to any client facing assault with caustic chemicals charges in Fresno, California.
The Nature of the Crime
The California Penal Code recognizes various assault charges, as each case presents different circumstances. Based on this, assault with caustic chemicals is one of several assault variations, like assault using a deadly weapon.
Since the Penal Code makes specific provisions for assault with caustic chemicals, the prosecutor handling your case applies a unique approach to highlight the case elements effectively.
Section 244 of the Penal Code makes it an offense to assault someone using caustic chemicals and describes the crime as throwing a caustic chemical on someone with a criminal intent to injure them.
The law classifies the offense as a felony due to the severe injuries a victim will likely sustain due to the attack. A justification for the harsh legal provisions is that caustic chemicals are flammable and expose the victim to permanent injuries and body disfigurement. Therefore, the penalties applicable to the offense reflect the need to deter others from committing the same offense.
Assault charges generally involve harming a victim indirectly, as in this charge. Since you will use chemicals to cause injury, the prosecutor records your actions under the assault category to meet the legal criteria for prosecution. Based on this, your defense attorney will assess your case factors to ensure they fit the charges and prevent an unfair trial.
The Elements of Crime for the Prosecutor to Prove
A criminal trial places the burden of proof on the prosecutor, making it essential for their team to demonstrate your unlawful engagement. The standard of evidence in criminal cases is also high, requiring the prosecutor to establish your guilt beyond a reasonable doubt.
Based on this, the prosecution team must gather all relevant evidence and ensure they apply it accordingly to support their case. The assigned prosecutor also handles each element of the crime at a time to help them submit their evidence exhaustively.
As an accused person, you should follow the proceedings closely and alert your attorney in case of any false or exaggerated information from the prosecution. In doing so, you give your attorney a better chance at improving their defense argument, as you have a better recollection of the events as they unfolded.
The main elements of the crime you can expect the prosecutor to handle are:
You Wilfully threw Or caused Someone to Throw a Chemical Substance
Throwing a chemical is an essential element for the prosecutor to establish because it encompasses the actual criminal action you undertook. By presenting evidence on this element, the prosecutor satisfies one of the most critical components of any unlawful act, called the actus reus (the criminal act).
Establishing that you threw or caused someone to throw a chemical substance can be straightforward for the prosecutor as long as they have the required evidence. For example, if someone recorded the footage moments before you threw the chemical, the prosecutor can rely on this to establish that you directly engaged in the act.
Similarly, showing that you caused the chemical throw has the same effect for this element, demonstrating that you were still in control of the situation. For example, if you pushed the person holding the chemical, causing it to spill, the prosecutor can rightfully establish your involvement.
Evidential sources to show your involvement in throwing the chemical vary depending on the case factors. They include surveillance footage, witness statements or testimonies from anyone present, and police reports after the incident. The prosecution team relies on the most relevant sources, so you can expect them to present a solid argument to start the trial.
Apart from showing that you threw or caused others to throw the chemical, the prosecutor should also show that your actions were willful and malicious. Establishing that you acted maliciously indicates your disregard for the targeted person’s safety and well-being, warranting the present case against you.
Showing that you acted willfully requires the prosecutor to demonstrate that you were aware of your actions and intended to throw the chemicals. They may source evidence to support their claim by assessing your body language moments before you threw the chemical.
Additionally, the prosecutor can rely on any messages or exchanges you had with the targeted victim before you threw the chemical at them. The prosecutor’s goal in all presentations is to establish that your actions were not accidental and that you understood the possible effects they would have on the victim.
Showing that your wilful actions were also malicious helps to develop this first element of the crime. Malice is the second most crucial factor in any criminal case, as it shows that your actions are premeditated and intended to harm the targeted third party.
Although establishing malice is essential, it is only sometimes straightforward for the prosecutor because it requires them to show their train of thought. Due to this, you can expect the prosecutor to study evidence showing your activities before the attack. They do this to obtain relevant information regarding your premeditated intentions to cause harm.
You Targeted a Specific Victim With Intent to Injure Them
Apart from establishing that you threw or caused someone to throw a chemical substance, the prosecutor must show that you had a specific target. Assault cases involve intentions to cause harm to a third party by using indirect means to attack them, making it necessary for the prosecutor to establish this.
Showing that you had a target builds the prosecutor’s case, as it shows that you had a criminal intention instead of aimlessly throwing the chemical. You can thus expect the prosecutor to persuade the court using various evidential sources.
For example, the primary victim can be a prosecution witness if they have recovered by the trial date. Their testimony is a primary evidential source for the prosecutor, as the victim can identify you and provide details on the events leading to the attack.
Additional sources include police reports indicating the recorded events at the crime scene and any relevant witness statements. The witness reports can also be highly persuasive if the chemical landed on a third party close to the victim, making them a secondary or interested party in your case.
Showing your criminal intent remains essential for the prosecutor to achieve, meaning they will also source evidence to support this claim. Your intention to harm the victim can be traced back to any prior communication with an accomplice or the victim themselves.
For example, if you sent them a text threatening to ‘ruin their lives,’ the prosecutor can infer your criminal intent to injure them. Further, any purchase history tied to your accounts can demonstrate your intention to cause injury. By buying a harmful and corrosive chemical, the prosecutor can argue that your unlawful intentions are evident. Nevertheless, you can dispute this in your defense hearing to justify a different use of the chemicals.
Further, the prosecutor may assess your past relationship with the targeted victim to determine whether any events can justify your attack. For example, if you had a severe disagreement with the person in the past, it may form the basis for the prosecutor’s argument.
The Chemical Was Harmful and Corrosive
The prosecution team should also establish that you threw a harmful and caustic chemical to justify your intention to cause injury to the victim. Under legal provisions, caustic chemicals are substances capable of corroding or severely burning living tissue.
Many caustic chemicals contain harmful chemical components like sulfuric acid, which has a known corrosive effect on human flesh. A commonly used caustic chemical brand called Vitriol contains large amounts of sulfuric acid, so the prosecutor can provide a persuasive argument if they can show that you used the brand in your attack.
Moreover, you are also liable for assault with caustic chemicals if you use any liquid capable of igniting at a temperature of up to 150 degrees Fahrenheit. The chemical flashpoint of 150 degrees Fahrenheit or less indicates a high probability of ignition, making the liquid a severe hazard when thrown at someone.
In court, the prosecutor may rely on expert evidence from a qualified chemist or any other person with a professional opinion on the nature of the chemical you used. Their role is to provide evidence for the judge’s reference in determining the nature of the injuries and overall harm the victim suffered.
You can also expect the prosecutor to produce an exhibit of the chemical you used to attack the victim. In doing so, they further solidify their claims that you lodged an actual assault attack.
The technicality of assault is essential because an assault charge must involve an indirect attack on the victim. The prosecutor should therefore establish that it was the chemical that injured the victim and not any direct impact from you, hence the importance of showing that the chemical was corrosive.
Defenses Applicable for Assault With Caustic Chemical Charges
After the prosecution team concludes their presentation, your defense attorney will present your counterarguments. The court allows a defense hearing in the interest of your constitutional rights to a fair trial. This will enable you to cast reasonable doubt on the prosecutor’s case and persuade the court to consider your justifications.
Before your defense hearing, you should source as much evidence as possible to support your claims. The judge and jury will have already listened to the prosecutor’s arguments, meaning your role is to dissuade their presentation effectively. Despite this, you must follow all rules applicable in criminal trials, including providing truthful and verifiable details.
Some defenses to consider include:
Your Actions Were in Self-Defense.
Individuals can protect themselves from imminent danger; no legal repercussions apply if they act in self-defense. You can raise the defense to justify throwing a corrosive chemical at a third party.
Although self-defense is an applicable counterargument, the judge will only consider it if your case facts satisfy the three main restrictions on self-defense. The first restriction is that you should have reasonably believed that you were in danger because of your circumstances. Based on this, you should provide evidence to support your belief that you face potential harm to persuade the court.
Examples of circumstances to support your claim include the perpetrator chasing you down while holding a weapon, making it clear that they intended to harm you. Alternatively, you can provide footage or audio recordings that capture your genuine fear of your present circumstances, prompting you to consider self-defense.
Additionally, you must show that violent retaliation was your only alternative to the danger you believed existed. This means you lacked a chance to escape from the perpetrator or could not receive help if you raised the alarm.
Your lack of an avenue to escape is a justifiable reason for you to consider retaliatory action to protect yourself, helping you justify your assault using caustic chemicals. The presiding judge expects you to present evidence supporting your claims, so your defense attorney should help you develop your case accordingly.
The final component to satisfy for self-defense to apply is that you must have reacted proportionately to the harm you faced. Self-defense should not be an opportunity to cause unnecessary damage to the perpetrator but only to avert danger.
Based on this restriction, the judge will assess the alleged danger you faced versus your decision to throw caustic chemicals at the third party. If they find that the chemical throw was reasonable given your circumstances, they can accept self-defense as a justification for your actions.
Your analysis and determination of whether this defense is successful varies from case to case, mainly depending on the quality of the evidence you present. Your defense attorney should therefore provide specific details to demonstrate that the perpetrator cornered you and that throwing caustic chemicals at them was a reasonable reaction to the threat they posed.
You Did Not Willfully Throw the Caustic Chemical
You may also consider an alternative defense to avoid criminal repercussions by arguing that your actions were not willful. As mentioned, an act is wilful if you are aware of it and understand the possible outcomes it may have on the targeted person.
By arguing that you did not act willfully, you indicate that the chemical assault was accidental. If so, you must produce evidence to support this argument to avoid criminal penalties. Your line of argument should also demonstrate that the events leading to the chemical throw were beyond your control, resulting in an accident.
For example, if you had the chemical in your hand but for different purposes, like cleaning, you could argue that someone pushed you, causing the chemical to land on the victim. Your argument can persuade the judge of your innocence, provided you can support it with evidence.
Obtaining surveillance footage from where the accident occurred is beneficial, especially if the incident was work-related or on public premises. Additionally, having a list of witnesses to support your position is crucial if they can provide an accurate record of events.
The defense may also involve working under coercion on behalf of a third-party perpetrator. For example, if someone threatened your safety if you failed to execute the assault on their behalf, you could also rely on the defense.
Your involuntary participation in throwing a caustic chemical can persuade the judge to acquit you, but only if you show that you were under duress. You can do this by presenting any recorded conversations or messages from the perpetrator to show that you worked out of fear for your safety.
Your Actions Did Not Cause Injury to the Victim
Assault with a caustic chemical warrants penalties for the harm you caused the victim, specifically by corroding their flesh. A suitable defense to consider is that the chemical you threw did not corrode or injure the victim in any way.
The justification for applying this defense is that the chemical did not come into contact with the victim or lacked a corrosive effect on them. You can rely on different evidentiary sources to support your claims as you persuade the court to consider the counterargument.
While the defense is valid, it does not entirely guarantee an acquittal. Instead, you are more likely to receive a sentence reduction if the judge accepts it. This is because the prosecutor may have successfully demonstrated your criminal intention to cause injury.
Based on your criminal intent, the judge is more likely to retain penalties as a deterrent to future illegal activity, with the only remedy being a lower sentence. Your defense attorney may explore other factors to plead for leniency from the judge, including an attempt at self-defense.
Penalties for Committing Assault With a Caustic Chemical
If the judge rejects your defenses, they will enter a guilty verdict and move to sentencing. If so, you should understand the possible penalties you may face for the crime and prepare accordingly.
The Penal Code classifies the crime as a felony, attracting two, three, or four years in state prison. You may also receive a mandatory fine of up to $10,000 as a punitive measure. The judge can choose whether to issue either or both sentences, depending on the severity of your case.
An alternative to serving a prison sentence is completing a felony probation program. Upon joining the program, you will report to a probation officer, who then provides the presiding judge with your reform progress.
You also have to meet several requirements during the formal probation period. They include:
- Performing community service activities in assigned areas.
- Attending mandatory therapy sessions individually or in groups.
- Reporting to your probation officer regularly.
- Paying restitution to the victim to cover medical costs.
- Adhering to a protective order issued against you.
After completing probation, the judge closes your file, indicating that you have served your sentence. On the other hand, failure to comply with the probation orders warrants a re-sentencing order confining you to state prison for the required statutory duration.
Contact a Criminal Defense Attorney Near Me
Facing assault with caustic chemicals charges can seriously impact your life if the judge finds you guilty. The offense involves maliciously and willfully attacking a victim with a corrosive chemical intending to harm them. Based on the severity of your actions, you face felony charges that result in extended prison sentences of up to four years or an expensive acceptable payment. You can defend yourself after facing criminal accusations by understanding the elements of the crime the prosecutor may rely on and finding applicable defenses to your actions. You should also consider working with an experienced criminal defense attorney to avoid setbacks and challenges while navigating the criminal trial.
At California Criminal Lawyer Group, we dedicate ourselves to providing excellent criminal defense services tailored to your needs. Our role is to help you assess the severity of your case, anticipate the prosecutor's arguments, and raise strong defenses. You can rely on us to conduct thorough research to build your defenses and represent you in court during your defense hearing. If you or a loved one requires additional information on fighting assault with caustic chemicals charges in Fresno, California, call today at 559-712-8377.
