California Penal Code §244 — Assault with Caustic Chemicals
PC §244 punishes any assault made by throwing, hurling, or projecting a caustic chemical, flammable substance, or vitriol upon another person with the intent to injure or disfigure. §244 is a straight felony carrying 2, 3, or 4 years in state prison. Where great bodily injury or disfigurement results, PC §12022.7 enhancements add years and can convert §244 into a life-top strike.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Assault with Caustic Chemicals Cases in All LA County Courts
01 — Quick Facts
PC §244 — Assault with Caustic Chemicals at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §244 — Assault with Caustic Chemicals |
| Code Type | Penal Code (PC) |
| Classification | Straight Felony |
| Prison Term | 2, 3, or 4 years state prison |
| Fine | Up to $10,000 |
| Strike | Serious felony under PC §1192.7(c)(23) — Yes |
| Probation | Discretionary; prohibited on GBI enhancement |
| Immigration | Aggravated felony 'crime of violence' |
| Firearm Rights | Lifetime state and federal ban |
| Related Codes | PC §245 (ADW), PC §12022.7 (GBI), PC §244.5 (Stun Gun) |
| Common Substances | Acid, lye, bleach, gasoline, boiling water, vitriol |
| If Charged | Call (213) 723-2337 for a free consultation |
01 — What Is PC §244?
What Is California Penal Code §244?
PC §244 Reads:
"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."
— California Penal Code §244
PC §244 is a specific-intent felony carved out of the assault statutes for the unique harm caused by corrosive substances. Unlike PC §245(a)(1) — which requires only 'force likely to cause GBI' — §244 requires the specific intent to injure the flesh or disfigure the body. That specific-intent requirement is where most successful defenses focus.
§244 vs. PC §245(a)(1)
The two are often charged together. Where §245 is a wobbler and generic to any deadly weapon, §244 is a straight felony that specifically targets chemical attacks.
§244 — Caustic Chemical Assault
Straight felony. Requires specific intent to injure flesh or disfigure. 2, 3, or 4 years prison. Serious-felony strike.
§245(a)(1) — Deadly Weapon Assault
Wobbler. General-intent assault with any deadly weapon. Up to 4 years prison. Strike only on GBI or firearm.
Why This Law Matters
Caustic-chemical cases command disproportionate media attention, and DAs routinely stack §244 with PC §12022.7 GBI enhancements (+3–6 years), PC §12022.7(e) domestic enhancements (+3–5 years), and PC §422 criminal-threats charges. Once GBI attaches, §244 becomes a violent felony under PC §667.5(c)(8) — mandatory 85% custody credits and prohibition of probation.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §244
To convict under PC §244, the prosecution must prove each element beyond a reasonable doubt.
You Willfully and Maliciously Placed or Threw a Caustic Substance on Another Person
The act must be a willful projection of the substance onto the person of another. Willful means on purpose. Malicious means with intent to cause harm or a wrongful act.
The Substance Was a Vitriol, Corrosive Acid, Flammable Substance, or Caustic Chemical
The substance itself must fall within the statutory categories. Case law includes gasoline, boiling water, industrial cleaners, bleach in concentration, and household lye.
You Had the Specific Intent to Injure the Flesh or Disfigure the Body
§244 is a specific-intent crime. The prosecution must prove the defendant intended the substance's harmful effect — not merely intended to throw it.
04 — Penalties
Penalties for PC §244 Assault with Caustic Chemicals in California
§244 is a straight felony — no misdemeanor filing available. All exposure runs through state prison unless probation is granted.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Base §244 | PC §244 | 2, 3, or 4 years state prison | Discretionary | Yes (serious felony) |
| §244 + GBI Enhancement | PC §12022.7(a) | +3 years consecutive | Prohibited | Violent felony (85% credits) |
| §244 + Elder/Child GBI | PC §12022.7(c)/(d) | +5 years consecutive | Prohibited | Yes |
| §244 + DV GBI | PC §12022.7(e) | +3, 4, or 5 years consecutive | Prohibited | Yes |
| §244 + Torture Charge | PC §206 | Life with possibility of parole | Prohibited | Yes |
| §244 + Hate Crime | PC §422.75 | +1 to 3 years consecutive | Prohibited on true finding | Yes |
Common Enhancements on §244
Great Bodily Injury
PC §12022.7
3 to 6 years consecutive based on victim class. GBI on §244 converts it into an 85%-credit violent felony.
Torture
PC §206
Where the caustic attack was intended to inflict extreme pain for revenge, sadism, or persuasion, DAs charge PC §206 torture — life with parole.
Mayhem
PC §203/§205
Where the attack results in permanent disfigurement or loss of a body part, PC §205 aggravated mayhem carries life with parole.
Attempted Murder Overlay
PC §664/187
Chemical attacks with intent to kill are also charged under PC §664/187 attempted murder — 5, 7, or 9 years plus enhancements.
Domestic Violence Enhancement
PC §12022.7(e)
Adds 3–5 years when the victim is an intimate partner.
Gang Enhancement
PC §186.22(b)
Adds 5 years or 15-to-life on serious/violent felony predicates.
Beyond the Sentence
- Automatic strike under Three Strikes Law
- Lifetime federal and state firearm ban
- Aggravated felony 'crime of violence' — mandatory deportation for non-citizens
- Loss of all professional licenses
- DNA collection under PC §296
- Civil liability for medical costs, disfigurement, and emotional distress
- Registration on state 'crimes of violence' database for some employers
- Mandatory victim-restitution up to full medical and reconstructive costs
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §244 Assault with Caustic Chemicals Charges
§244's specific-intent element is the primary battlefield. Successful defenses focus on intent, causation, and substance classification.
No Specific Intent to Injure Flesh or Disfigure
Where the substance was thrown as a symbolic gesture (paint, food), a warning, or in ignorance of its caustic properties, the specific-intent element cannot be met. §244 often reduces to §242 or §245(a)(1).
PC §244
Accident / No Willful Act
Dropped containers, workplace spills, and knock-overs are not willful throws. Body-cam, surveillance, and workplace-safety analysis frequently support accidental theories.
CALCRIM 250
Self-Defense / Defense of Another
Pepper spray in self-defense from an imminent unlawful attack is a complete defense under CALCRIM 3470. The force must be reasonable and proportional.
CALCRIM 3470
Substance Was Not Caustic
The People must prove the substance chemically qualifies. Independent lab analysis often shows liquids labeled 'acid' were dilute cleaners, cold beverages, or non-caustic residues.
Evidence Code §801
Mistaken Identity
Nighttime, crowd, and vehicle-based chemical attacks are prone to misidentification. We investigate video, phone records, and DNA on the container.
CALCRIM 315
Illegal Search / Suppression
Container recovery from a residence or vehicle without a warrant or with tainted probable cause is suppressible under PC §1538.5 — often collapsing the case.
PC §1538.5
PC §17(b) Not Available — Pre-Trial Reduction Strategy
§244 is a straight felony (no wobbler reduction). We pursue reduction by negotiated plea to §245(a)(1) wobbler or §242 — both of which can be reduced to misdemeanor later.
Charge Negotiation
Constitutional Sources
07 — Court Process
How PC §244 Assault with Caustic Chemicals Cases Move Through Los Angeles Courts
§244 cases are prosecuted in felony courts. Because of media attention and enhanced sentencing, bail is set high and OR release is rare.
- 1
Step 1 — Arrest & Booking
Suspects are booked with high initial bail — often $500,000+ where GBI is alleged. Search warrants for residence and vehicle are typically executed contemporaneously.
- 2
Step 2 — Arraignment
Formal charges are read. We advocate for bail reduction and address protective-order requests. On GBI enhancement, bail-hold conditions apply.
- 3
Step 3 — Preliminary Hearing
Within 10 court days for in-custody defendants. We cross-examine the victim, treating physicians, and any chemical analysts — targeting substance classification and specific intent.
- 4
Step 4 — Pretrial Motions
PC §1538.5 suppression, Pitchess motions, motions to strike enhancements, and motions to dismiss the §12022.7 finding under PC §995.
- 5
Step 5 — Investigation & Expert Retention
Independent chemists analyze residue; medical experts contest GBI and disfigurement classifications; digital forensics analyze motive.
- 6
Step 6 — Plea Negotiations
Given the straight-felony nature, negotiation typically targets pleas to §245 wobbler or non-strike alternatives to protect against strike consequences.
- 7
Step 7 — Trial & Sentencing
Jury trial on specific intent, substance classification, and enhancements. Sentencing considers strike consequences and 85% credit rule if violent-felony findings attach.
Los Angeles Courts That Handle PC §244 Assault with Caustic Chemicals Cases
§244 felonies are prosecuted in LA County felony trial courts based on incident location.
Clara Shortridge Foltz Criminal Justice Center
Downtown LA — houses the DA's Bureau of Major Crimes for high-profile chemical-attack cases.
Van Nuys Courthouse West
San Fernando Valley felony trial court.
Long Beach Courthouse
South Bay felony cases.
Compton Courthouse
South LA felony calendar.
Pomona Courthouse South
East LA and San Gabriel Valley felony trial court.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Assault with Caustic Chemicals Defense Attorney
Daniel S. Rubin has defended clients charged with assault with caustic chemicals and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §244 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Assault with Caustic Chemicals Cases Throughout LA County
See our full Assault with Caustic Chemicals defense practice
09 — FAQs
PC §244 Assault with Caustic Chemicals Questions — Los Angeles
What substances qualify under PC §244?
The statute lists vitriol, corrosive acid, flammable substance, and any caustic chemical. Case law includes gasoline, sulfuric and hydrochloric acid, lye, concentrated bleach, industrial drain cleaners, boiling water, and hot cooking oil. Water, cold beverages, and non-caustic paints do not qualify.
Is PC §244 a strike?
Yes. §244 is a serious felony under PC §1192.7(c)(23) — automatic strike under the Three Strikes Law. A second strike doubles the base term (up to 8 years); a third can trigger 25-to-life. GBI enhancements convert §244 into a violent felony with 85% custody credits under PC §2933.1.
Can PC §244 be reduced to a misdemeanor?
No. §244 is a straight felony without a misdemeanor alternative — PC §17(b) does not apply. The only path to a misdemeanor outcome is negotiated plea to a wobbler alternative such as PC §245(a)(1) or §242, followed by a §17(b) motion after successful probation.
What is the difference between §244 and §245?
§244 is specific to caustic chemicals and requires specific intent to injure flesh or disfigure. §245 is general aggravated assault covering deadly weapons, firearms, and force likely to cause GBI — a general-intent crime. §244 is a straight felony; §245 is a wobbler. DAs routinely charge both alongside each other.
Does self-defense apply to PC §244?
Yes. Reasonable use of pepper spray or a caustic substance to repel an imminent unlawful attack is a complete defense under CALCRIM 3470. The force must be reasonable and proportional. Chemical self-defense is more commonly a mitigating factor at charging than a trial defense — many cases reduce to §242 or dismiss at prefiling.
Can workplace chemical accidents result in §244 charges?
Generally no — §244 requires willful and malicious throwing with specific intent to injure. Workplace spills, container failures, and negligence-based exposures fail all three mental-state elements. Where DAs do file criminally, we frequently secure prefiling declinations with workplace-safety documentation.
How does §244 affect immigration status?
§244 is a categorical 'crime of violence' under 18 U.S.C. §16(a) and an aggravated felony under INA §101(a)(43)(F) whenever a 1-year sentence is imposed. Convicted non-citizens face mandatory deportation, permanent bar to reentry, and ineligibility for most immigration relief. Immigration-informed defense is essential.
Can PC §244 be expunged?
Yes if probation was granted and successfully completed — expungement under PC §1203.4 dismisses the conviction. If a state prison sentence was imposed, expungement is not available; PC §1203.42 or a Certificate of Rehabilitation may be pursued. Expungement does not remove the strike designation or restore federal firearm rights.
Available 24/7 — Free Consultation
Charged with PC §244 Caustic-Chemical Assault?
Straight-felony filings demand immediate defense. Rubin Law, P.C. pursues chemical analysis, specific-intent challenges, and reduction to non-strike alternatives. Call (213) 723-2337.