Last Updated: August 30, 2024
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Why Is Spitting Considered Assault?
Someone who spits on or at someone else may have no intention to break the law or hurt the other person, but because spitting can be considered an intentional act of force (i.e., making offensive physical contact with another person), it qualifies as simple assault in the eyes of the law.
This physical contact can lead to assault charges and even misdemeanor assault in some cases, particularly if it results in bodily injury. If convicted, the punishment can include up to one year in jail.
Can You Fight Someone for Spitting on You?
According to SCLG, in most states, the answer is no. A victim of physical assault may defend themselves using the minimum amount of force reasonably necessary to stop the attack [1]. The problem with punching someone who spits on you and claiming self-defense is that once the other person is done spitting, the attack is over.
So, unless you reasonably believe that (1) he is imminently likely to spit on you again, and (2) the only reasonable way you can prevent this is by punching him, your actions are not self-defense. Instead, you are committing battery against him. The law allows you to defend yourself but does not allow you to take revenge upon your attacker. Under battery laws, retaliation can lead to more severe assault charges and a potential sentence of up to one year in jail.
Which Diseases Can You Catch from Saliva?
Fortunately, the risk of catching a contagious disease, if you're spat at, is low. However, you do stand a small chance of catching a cold or the flu.
Other diseases that are spread through saliva include:
- Tuberculosis
- Hepatitis
- Viral meningitis
- Cytomegalovirus
- Epstein-Barr virus
What Can You Do Legally if Someone Spits on You?
If someone spits on you, call 9-1-1 and request law enforcement response to the scene. If law enforcement is already there, step aside so they can detain the spitter.
This situation can lead to assault charges for the spitter, especially if the spitting is considered aggravated assault or results in bodily injury. If the spitter is found to have used a deadly weapon during the incident, the charges could escalate even further, with penalties potentially including up to one year in jail.
How Disrespectful is Spitting on Someone?
Spitting in public is considered rude and a social taboo in many parts of the world, including the United States, while in other parts of the world, it is considered more socially acceptable.
Spitting on another person, on the other hand, is a universal sign of anger, hatred, disrespect, or contempt, and it can be seen as offensive physical contact that leads to physical harm.
What Happens if Someone Spits in Your Face?
If you are spat on, health authorities recommend that you immediately wash the saliva off with soap and hot water. If the saliva gets into your eyes, nose, or mouth, wash it out with lots of cold water. If you think you're at risk of infection, seek immediate medical attention.
The act of spitting in someone’s face can also be seen as actual physical contact and may lead to misdemeanor assault charges, especially if it causes bodily harm. Convictions for such offenses can result in a sentence of up to one year in jail.
FAQs
Can spitting on someone during an argument result in criminal charges?
Yes, spitting on someone during an argument can lead to criminal charges, as it is considered a form of physical aggression and simple assault. If the spitting leads to physical harm or involves a deadly weapon, the charges could be more severe, with potential penalties of up to one year in jail.
Is spitting on a police officer a more serious offense?
Yes, spitting on a police officer is typically treated as a more serious offense and can lead to felony charges and harsher penalties, especially if it results in serious bodily harm or involves an intentional act with a deadly weapon. Convictions can lead to up to one year or more in jail.
Can spitting on someone lead to civil lawsuits?
Yes, the person who was spit on may file a civil lawsuit for damages, especially if the act causes emotional distress or harm. This can also involve claims of physical assault and aggravated assault.
Does spitting on someone qualify as harassment?
Spitting on someone can be considered a form of harassment, particularly if it is part of a pattern of unwanted or aggressive behavior that includes offensive physical contact.
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- Assault vs Battery
- What Is Aggravated Battery?
- Suing for Herpes Transmission
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References:
- https://www.shouselaw.com/ca/blog/is-spitting-on-someone-a-crime/
