Is Spitting at Someone Assault?
Spitting at someone is a confrontational and aggressive act that can cause physical harm or discomfort. But is spitting at someone considered assault? Laws regarding assault vary by region, but we’ll dig into the legal definitions of assault and explore the intersection of spitting and intentional harm.
What Constitutes Assault?
Homicide, assault is a criminal offense that means the intentional application of harm or force to another. Assault legally refers to the act or threat of physical harm. In many states, assault is defined specifically as:
- An assault is an intentional and culpable act that causes either bodily harm or a justifiable apprehension of deadly harm to another person.(1)
- Assault is intended to cause physical harm that is more than trivial, and can be charged as a misdemeanor or, in more severe cases, a felony.(1)
Is Spitting at Someone Assault?
Spitting at someone can be considered intentional and culpable, bringing it under the umbrella of assault. **When assessing whether spitting at someone is assault, we weigh the following factors:***
• Intent: was the spitting intentional (e.g., done because of a disagreement or prejudice)?
• Physical injury: did the spitting cause physical harm, and if so, was this harm more than trivial
• Fear or likelihood of harm: did or could the spitting scare or intimidate the victim; did it create a belief that the spitter (or someone else) possessed the intent to harm others?
Table: Classifications of Assault
| Classification | Description |
|---|---|
| Battery | Ideal force or physical strike |
| Assault | Intend to cause physical harm**,** or create a physical threat |
| Aggravated Assault | Assault with serious physical impairment or extreme violence |
Under these criteria, *even if spitting doesn’t cause immediate physical harm, it can still be judged as assault if the conditions are met. We’ll explore some examples:
- Disarming: a person spitting at another in a drunken rage, causing the listener to feel threatened or actually causing minor physical harm).
- Racial Bias: a person spits at someone from a competing racial group, creating psychological distress and fear.
Legal Considerations
Local laws and jurisdictions influence determining whether spitting at someone is assault. **Jurisdictions may vary but generally, spitting deemed assault is considered a milder form of assault that may be charged as:***
• Mischief: a minor level of criminal mischief (or disorderly conduct)
• Simple Assault or Battery: a lesser count of assault or battery which may carry lighter penalties.)
Consequences of Reporting Spitting as Assault?
Reporting spitting to the authorities can have direct consequences for the accused while also potentially impacting the injured party. *If adjudicated as assault, conviction may result in:.
• Criminal Court: fines, probationary sentences, or short-period imprisonment
• Emotional Trauma: post-traumatic stress disorder from the experience
• Repercussion on Future Employment: a criminal record effecting job prospects
Key Takeaways:
• It is possible for spitting at someone to be prosecuted as assault, even without immediate physical harm;
• Intent, motive, and the fear inspired by the act play significance in determining whether spitting is assault;
• As with any criminal charge, the accused potentially faces legal consequences and; the injured party may exhibit emotional trauma.
In response to the question Are spitting at someone truly assault?, we weigh the legal definitions and cases. Spitting perceived as assault is considered culpable and intentional harm committed against another person. Given the factors mentioned, under the legal framework, answering the question with a, yes, spitting at someone can be truly assault.
Recommended Reading:
- Johnson, K. (N.d.). Assault. Lexicon. Retrieved from URL: <https://ir.lawnet.fdu.edu/cgi/viewcontent.cg i?article=1531&context=mlr>
- American law Institute. (2014). Model Penal Code of 1962. Provisions of the Model Prison Code. Retrieved from <https://repository.law.umich/edocs/ 1061.pdf> and <https //www.americanl awinstitute.org/.
References:
(1) Johnson, R. (2017) Assault. Lexicon.)
