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What is Considered a Caustic Chemical?
A caustic chemical is a dangerous substance that is usually corrosive or flammable, and it can lead to severe injuries to the human body. Surface contact with these substances can lead to burning or destruction of the eyes or skin. If ingested or inhaled, the corrosive material could cause damage or irritation of the respiratory tract, digestive tract, and vital organs. In some instances it can lead to death of the person that has come in contact with a caustic chemical.
Is a Caustic Chemical Assault Considered Assault With a Deadly Weapon (ADW)?
Criminal assault cases that involve a caustic chemical are not the same as an ordinary use of force against another individual. Simple assault is only a misdemeanor charge unless a deadly weapon was used against the victim. The use of a caustic chemical in an assault carries a harsh felony charge if the defendant is found guilty of the crime. In the investigation, the intentions of the defendant will be in question to determine if it is a chemical assault or assault with a deadly weapon.
If the defendant had malicious intent when the caustic chemical made contact with the victim, it is considered an assault. It’s deemed a malicious act when the defendant carries out the assault with the intention to injure or disfigure the victim of the attack. There are some similarities in a caustic chemical assault when compared to assault with a deadly weapon, but it is not always an identical charge. One key difference is that you cannot be charge for assault with caustic chemicals if the substance actually made contact with the other person. In an assault with a deadly weapon case, the attempted violence without any contact may still be considered for a criminal charge. The amount and type of chemical used has to be capable of causing serious harm to be considered ADW, otherwise it is going to be a lesser charge of assault.
Penalties for Assault with Caustic Chemical Conviction
In Los Angeles, a chemical assault is considered a felony if the defendant is found guilty. This charge could be punishable with a fine up to $10,000, as well as 2-4 years in state prison.
If felony probation is granted, the sentence may be carried out in the community under strict conditions. The judge usually requires that the individual report to a probation officer regularly for a set number of years and follow all set conditions closely.
Examples of Felony Probation Conditions in Los Angeles:
– Restitution payments
– Monthly meetings with assigned probation officer
– Community service
– Participation in therapy
– Compliance with the order to not contact or harass the victim
Legal Representation in your Assault with Caustic Chemicals Case
Consult our defense team if you have been charged so that we can begin an evaluation of the case. It’s our goal to effectively defend our clients for the most favorable outcome, including a reduced sentence or dismissal when possible. We are an understanding group of attorneys that simply want to help without passing judgement on anyone that we represent. Each case is unique, and our experience attorneys do what it takes to find the most effective defense for the situation.