A California Penal Code section 244 charge requires more than a threat to throw a substance. The prosecution must prove that the accused willfully and maliciously placed or threw—or caused someone to place or throw—a covered substance onto another person, and intended at that time to injure flesh or disfigure the body. The Judicial Council’s CALCRIM No. 877 says actual contact is required. Severe injury is not a separate element. (Penal Code §244; CALCRIM No. 877, 2025 edition.)
The charge has several distinct requirements
| Issue | What the law requires | Evidence questions |
|---|---|---|
| Placement or throwing with contact | The substance must have been placed or thrown upon another person, or the accused must have caused that to happen. A threatened or attempted throw that never makes contact does not satisfy §244’s actual-contact requirement. | What do the reports, video, witness accounts, and physical evidence show about whether anything reached the person? What part of the incident did each witness actually see? |
| A listed substance | The statute names vitriol, corrosive acid, a flammable substance, or a caustic chemical. The item must fit one of those categories; a label or accusation alone does not decide its classification. The statute includes a definition of “flammable substance,” including gasoline, petroleum products, and certain flammable liquids. (§244.) | What substance is identified in the charging papers and reports? What testing or other identification evidence exists, and what does it actually establish? |
| Willfully and maliciously | The placement or throwing must be willful and malicious. In current Penal Code definitions, “willfully” generally means doing the act on purpose; “maliciously” involves a wish to vex, annoy, or injure another, or an intent to do a wrongful act. These terms do not replace the separate intent requirement below. (Penal Code §7(b)(1), (4).) | What do the full circumstances and reliable statements show about whether the contact was deliberate and malicious, rather than accidental? |
| Intent to injure flesh or disfigure | At the time of the act, the accused must have intended to injure flesh or disfigure the body. That intent is distinct from merely intending contact or wanting to frighten or upset someone. | What evidence bears on the accused’s purpose at that moment? Consider the full sequence and context rather than treating the allegation or later outcome as proof by itself. |
The statute requires the specified intent, not a resulting severe injury. Evidence about whether anyone was hurt may help explain the event, but a particular degree of injury is not listed as a separate §244 element. Do not assume that a serious injury automatically proves intent, or that no serious injury resolves the charge. (Penal Code §244; CALCRIM No. 877.)
Defenses depend on the evidence and instructions
CALCRIM No. 877 includes a self-defense or defense-of-another instruction when the evidence supports it. Whether that issue applies depends on the circumstances and the court’s instructions; the defense is not automatic merely because the people involved were arguing or because the accused says they felt threatened. Other disputed points may include whether contact occurred, what the substance was, who caused the contact, and what the accused intended.
Section 244 states a prison term of two, three, or four years. That statutory range is not a prediction of the result in an individual case. (Penal Code §244.)
Records to preserve for a charge review
Keep the charging document and preserve existing, unaltered recordings, photographs, messages, witness information, incident reports, and medical records. A focused review can compare the exact count with what each source shows about contact, substance identification, the sequence of events, and intent. If there is evidence supporting self-defense or defense of another, preserve the records that show what happened immediately before and during the incident. Do not conduct your own substance test or move evidence; a lawyer can assess how existing evidence should be reviewed.
For a consultation about a California criminal assault charge, contact the Law Offices of David S. Chesley at (800) 755-5174.