Assault With Caustic Chemicals

chemistry flasks

Using a caustic chemical in an altercation can have consequences that equate to using a firearm. While it’s not as commonly used as other weapons, a chemical assault is no less a crime than any other type of assault with a deadly weapon.

Assault is not about physically touching another individual. Rather, assault is characterized by the actual threat of violence, whether verbal or physical, against another person. An assault also occurs when a person makes another person reasonably fearful of impending violence. Pointing a weapon of any kind at another individual simply to scare him or her is an assault, and a conviction may lead to incarceration.

Defining the Caustic Chemical

Any kind of substance that can burn living tissue, cause pain, disfigurement and possibly death can be considered “caustic.” In a personal injury case, caustic chemical exposure can lead to compensation and damages for pain & suffering, medical bills and other expenses; however, when someone is purposely hit with a caustic chemical in an act  of violence, the action is a criminal case called “aggravated assault.”

Aggravated Assault

Under Florida Statute §784.021, an aggravated assault occurs when the defendant:

  • Uses a deadly weapon without the intent to kill;
  • Has an intent to commit a felony.

Aggravated assault is a third-degree felony in Florida punishable by five (5) years in prison and/or a $5,000 fine, whether or not the victim suffered injuries. A defendant may also be sentenced to up to five (5) years of probation. Subsequent convictions can bring higher fines and extended prison sentences.

Using a caustic chemical in an assault is considered a “deadly weapon” because of the potential for a fatal injury and the threat of death involved when the chemical is used as a weapon.

scrubbing brushes and solutions

Bleach as a Weapon

For instance, bleach is something most homes have around for laundry and cleaning. When bleach is used to scare, threaten or injure someone it becomes a weapon. This is true whether you hit someone with the capped bottle or you open the bottle and either threaten to or douse them with bleach.

Although a weapon may be a firearm, pepper spray, knife or other item intended for self-defense, it’s not the only type of “weapon” one can use. Any ordinary, everyday item that isn’t normally harmless can be considered a “weapon” when coupled with the threat of violence or bodily harm.

Criminal Defense for Assault With Caustic Chemicals

Aggravated assault, including with a caustic chemical, is a serious charge that can lead to jail time. We will prepare a strong defense for your case and aggressively defend you should your case go to trial.

You need an experienced criminal defense attorney to stand by you in court. To speak with our firm about your assault with caustic chemical case in Orlando, contact us online or call 407-228-3838 for a free consultation.