California Penal Code 244 PC – Assault with Caustic Chemicals
California Penal Code 244 makes it a felony to willfully and maliciously throw or place a caustic chemical, flammable substance, or corrosive acid on another person with the intent to injure or disfigure their body. This offense is treated seriously under California law, as it targets actions designed to cause lasting harm.
The statute specifically refers to substances such as vitriol (sulfuric acid), flammable liquids like gasoline, and other corrosive agents capable of burning or damaging human tissue. To secure a conviction under PC 244, the prosecution must prove that the act was both intentional and that the defendant intended to harm the victim—not just scare or inconvenience them.
Because the penalties for a conviction under this statute are severe—including state prison time and a potential strike under California’s Three Strikes Law—it’s crucial to consult with a qualified criminal defense attorney as soon as possible.
If you or someone you care about has been accused of assault with caustic chemicals, contact our Los Angeles criminal defense attorney at The Law Offices of Arash Hashemi for a free consultation. When you reach out early, we can often take steps to reduce charges, challenge questionable evidence, or even prevent the case from being filed at all.
Key Legal Elements of Assault with Caustic Chemicals – Penal Code 244
To convict someone of assault with caustic chemicals under California Penal Code 244, the prosecution must prove four essential elements beyond a reasonable doubt:
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Willful and Malicious Act
The defendant must have acted intentionally and with malice. This means the act wasn’t accidental—it was done on purpose and with a wrongful intent to cause harm. -
Qualifying Substance
The substance involved must be a caustic chemical, corrosive acid, flammable liquid, or vitriol (such as sulfuric acid). These materials are specifically named in the statute due to their ability to burn, corrode, or disfigure human flesh. -
Application to the Victim
The chemical or substance must have been thrown or placed on the victim’s body—not just near them. Physical application is a required component of the offense. -
Intent to Injure or Disfigure
The prosecution must show that the defendant had the specific intent to injure, maim, or disfigure the victim’s flesh or appearance. This separates PC 244 from other forms of assault.
What Qualifies as a “Flammable Substance” Under Penal Code 244?
Under California Penal Code 244, a “flammable substance” is legally defined as any liquid or material that has a flashpoint of 150 degrees Fahrenheit or less. A flashpoint is the temperature at which a substance gives off enough vapor to ignite in air.
Some common examples that meet this definition include:
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Gasoline – Highly flammable with a flashpoint around -45°F. It is one of the most frequently cited substances in PC 244 cases.
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Paint thinner or lighter fluid – These petroleum-based products also ignite easily and are considered flammable under the law.
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Using—or even attempting to use—these types of substances in an assault, with the intent to burn or disfigure another person, can lead to serious felony charges under PC 244.
What Are the Penalties for Assault with Caustic Chemicals Under California Penal Code 244?
Assault with caustic chemicals is charged as a felony offense in California, and a conviction can result in life-altering consequences. Here are the key penalties:
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State Prison Sentence: 2, 3, or 4 years in California state prison under PC 244.
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Strike Offense: This crime counts as a “strike” under California’s Three Strikes Law, which can significantly increase penalties for any future felony convictions.
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Serious Bodily Injury Enhancements: If the victim suffers great bodily injury (GBI), additional sentencing enhancements may apply, potentially adding 3 to 6 more years in prison under PC 12022.7.
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Felony Probation: In rare or negotiated cases, a judge may grant formal felony probation instead of prison time, depending on the facts of the case and the defendant’s criminal history.
A conviction under PC 244 can have long-lasting effects on your criminal record, employment opportunities, and personal rights—especially if it’s a second or third strike.
How to Fight Assault with Caustic Chemicals Charges in California
At The Law Offices of Arash Hashemi, we begin by carefully analyzing every detail of the case—looking at both the physical evidence and the circumstances of the incident. Because this offense requires proof of both malicious intent and a qualifying substance, the right defense strategy depends heavily on the unique facts involved.
Lack of Willful or Malicious Intent
Intent matters. For prosecutors to secure a conviction, they must prove that the act was done both willfully and maliciously. If the incident was accidental—such as a spill or an unintentional reaction during a heated moment—criminal liability may not apply, even if someone was injured. Mere negligence or poor judgment is not enough to meet the legal standard required for this type of felony charge.
No Intent to Injure or Disfigure
It’s not enough for the prosecution to prove that you placed or threw a substance on someone. They must also prove that you did so with the intent to injure or permanently disfigure the person. If your actions were reckless, impulsive, or lacked a specific intent to cause lasting physical harm, that could be a viable defense.
Self-Defense or Defense of Others
California law permits individuals to use reasonable force to defend themselves or others from immediate harm. If you used a substance to protect yourself or someone else from being attacked, and your response was proportionate to the threat, you may have acted lawfully. This defense is especially relevant if the alleged victim was the aggressor.
Mistaken Identity
If it’s unclear who actually threw or placed the substance—especially in situations with multiple people involved or limited evidence—mistaken identity can be a valid defense. Your attorney may argue that you were not the person responsible or that witness testimony is unreliable.
Substance Doesn’t Meet Legal Definition
Not every harmful liquid or chemical qualifies under California law for this type of assault charge. If the substance involved doesn’t meet the legal definition of a caustic chemical, corrosive acid, or flammable liquid—such as a mild household cleaner or non-reactive substance—the prosecution may not be able to prove the required elements of the offense. In some cases, this could lead to a dismissal or reduction to a lesser charge, such as simple battery.
No Actual Contact or Application
If the substance never made contact with the alleged victim—or wasn’t directed at them in a meaningful way—it may be difficult for the prosecution to prove that the act meets the requirements of Penal Code § 244. Mere possession or proximity to a substance is not enough.
Constitutional and Evidentiary Issues
Your attorney may also challenge how evidence was obtained. If police searched your home or vehicle without a warrant, or if your rights were violated during questioning, key evidence could be excluded. In some cases, this may result in a dismissal of the charges.
Contact a Los Angeles Criminal Defense Attorney Today
At The Law Offices of Arash Hashemi, we bring over 20 years of experience defending clients against serious felony charges throughout Los Angeles County. As a trusted Los Angeles criminal defense attorney, Attorney Arash Hashemi personally handles each case—developing legal strategies tailored to your circumstances and long-term goals.
In some cases, independent testing by a qualified expert may reveal that the substance involved wasn’t legally classified as a caustic chemical. If so, the charge may be reduced to a lesser offense, such as simple battery. In others, we may be able to show that the act wasn’t intentional, or that you were acting in lawful self-defense.
Attorney Hashemi takes the time to carefully evaluate the facts of each case and the client’s goals. He’ll explain your options, pursue dismissal or charge reductions when appropriate, and determine whether further investigation, motions, or plea negotiations can strengthen your defense. Don’t wait for charges to escalate—contact us today to start building your defense.
Frequently Asked Questions
Is assault with caustic chemicals a strike in California?
Yes. Under California’s Three Strikes Law, this offense is classified as a strike. If convicted, it can increase penalties for any future felonies and affect sentencing eligibility.
Can I be charged under PC 244 for accidentally spilling a chemical?
No. Prosecutors must prove that the act was done willfully and maliciously. If the spill was accidental, it generally wouldn’t qualify for this charge under California law.
What qualifies as a caustic chemical under California law?
Examples include sulfuric acid (also called vitriol), gasoline, lighter fluid, and other substances that can burn or disfigure human tissue. The law targets chemicals with strong corrosive or flammable properties.
What is the punishment for throwing acid on someone in California?
If convicted under PC 244, penalties include 2, 3, or 4 years in state prison. If the victim suffers serious bodily injury, the sentence can increase by another 3 to 6 years. It also counts as a strike offense.
Can assault with a flammable substance be considered self-defense?
In some cases, yes. If the person acted to protect themselves or someone else from immediate harm, and their actions were reasonable under the circumstances, it could qualify as self-defense under California law.
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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.
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July 25, 2025
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