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Is It Assault When Someone Spits on Another Person?

An assault charge occurs when someone tries to cause harm to another person. This may include throwing something, spitting, punching, pushing, or smacking. Spitting in someone’s face can certainly qualify as assault.

The severity of an assault relies on supporting circumstances. Here are some examples of possible details of an assault that could affect the severity of charges:

· If a violent weapon is present. Whether the weapon is used or not, if the person is in possession of a violent weapon, it changes the charges

· If the victim is a child, teacher, government official, patient, or handicapped person, the charges will be more severe

· If there is a deadly weapon used

· If serious injury is incurred as a result of the assault

Some circumstances will lessen the charges of an assault. For example, if you were to cause injury to another person because they were trying to rob you, the charges would be in your favor.

Here are some exceptions to assault charges:

· Self-Defense: Defend yourself while being attacked and have no fear of receiving assault charges. You have the right to fight for yourself without fear of repercussions.

· Protection of Another Person: If you are protecting a child or jumping in on an attack on a friend, you can claim defense. Even if you did not want violence or physical contact to become a part of the situation, defending someone in your party is an excellent reason to step in.

· Defense of Property: When someone walks onto your property without your permission, you can ask them to leave. If they refuse to go, you have the right to use force. For example, this happens in the case of a burglary.

· Accident: Assault charges can be filed when you accidentally hit someone while throwing a ball or getting unruly at a bar.

If you experienced a physical altercation with an individual, you have the power to receive representation. Learn your rights before talking about the situation with the wrong person.

Speak with a lawyer at Miles & Hatcher, LLP, to discuss the details surrounding your assault. Any detail offered could affect the severity of the charge. Let us help you know what you’re up against. Call to schedule a free consultation: (909) 481-4080.

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