Spitting on someone is not just a disrespectful act, but it can also spread infectious diseases. However, is spitting on someone considered assault or a crime? The answer is not as straightforward as you might think. Let’s delve into the laws surrounding spitting in the United States to gain a better understanding.
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Spitting as a Common Assault
The definition of common assault can vary between jurisdictions, but it generally encompasses any deliberate act that causes someone to fear physical harm. Spitting on someone is a deliberate act, and if the victim reasonably fears harm, it can be classified as an assault. The severity and circumstances of the event determine whether it is considered a common assault, battery, or both. A common assault involves the threat of physical harm, while a battery involves actual offensive touching that causes fear or bodily injury.
In some states, spitting on someone is treated as a lesser offense than battery, while in others, it can be classified as the same offense. Additionally, in certain jurisdictions, it may even be considered “aggravated assault,” which involves attempting to cause serious bodily harm or using a deadly weapon.
What to Do if Someone Spits on You?
If someone spits on you, it’s crucial to remain calm and not retaliate. Spitting on someone is a form of assault and battery, and the person who committed the act can face criminal charges if you decide to press charges. The first step is to remove yourself from the person who spat on you and ensure your safety. If you are in a public place, consider alerting a security guard or authority figure. If the incident occurs in a private location, contact the police to report the incident.
Is Spitting on Someone’s Property a Crime?
In most cases, spitting on someone’s property is not considered a crime. Since there is no physical contact with another person, it does not typically classify as assault and battery. However, if the spitting causes damage to the property or poses a health hazard, it could potentially be considered vandalism or littering. Depending on the circumstances, the person who spat on the property could face criminal charges for those offenses. If you have specific questions about the laws in your area, it’s best to consult with a lawyer or legal expert.
Spitting Is a Crime in Other States
Certain states consider spitting on someone a crime regardless of whether it’s assault or not. The punishment for such an act varies, ranging from fines to jail time, depending on the state and the context of the offense.
Here are some states that treat spitting as a crime:
Arkansas
In Arkansas, spitting can be a third-degree battery if a person knowingly makes physical contact with a first responder, regardless of whether there is any injury. It is also considered a “Class A” misdemeanor, resulting in a mandatory fine of $2,500 and jail time of at least 30 days up to a year.
Iowa
In Iowa, spitting is considered assault. If the intention behind the act was to cause serious injury, regardless of whether the offender succeeded, it may be punishable as an aggravated misdemeanor. The same applies if the act was motivated by discrimination, which can constitute a hate crime. Aggravated misdemeanors can result in up to two years of prison time and fines ranging from $625 to $6,250.
Indiana
In Indiana, spitting may be classified as a simple battery if the person intentionally spat on someone out of rudeness or anger. This offense is categorized as a Class B misdemeanor, resulting in a mandatory fine of up to $1,000 and up to 180 days of prison time. If the offender causes bodily injury, the offense becomes a Class A misdemeanor, potentially leading to one year in jail and a fine of up to $5,000.
Missouri
Spitting is regarded as an offensive or provocative act in Missouri and may be considered fourth-degree assault. It is also classified as a Class A misdemeanor, which can be penalized with up to one year in prison and a fine of $2,000.
Washington
In Washington, spitting on someone may be considered fourth-degree assault. Those convicted of this gross misdemeanor can face up to one year in prison and a fine of up to $5,000.
North Carolina
In North Carolina, spitting is classified as a Class 2 misdemeanor, punishable as an assault. For individuals with no prior convictions, a simple assault can lead to up to 30 days in prison. However, if there are previous convictions, the punishment may include up to 60 days in jail and a fine of up to $1,000.
California
California law considers spitting a battery, punishable as a misdemeanor. Even if no bodily injury occurs, the offender could face up to six months in jail and a fine of up to $2,000.
Schedule Your Free Legal Consultation Today
Spitting on someone is universally considered rude and unhygienic. Depending on your state’s laws, it may even be classified as a crime punishable by fines and jail time.
Before taking any action, it’s crucial to familiarize yourself with your state’s laws. An experienced attorney can help explain the nuances of your local laws and ensure that you fully understand the potential consequences of any action.
Whether you’re a victim of an assault or facing criminal charges, don’t hesitate to contact our experienced criminal defense attorney team. We can review your case and provide legal counsel to fight for your rights.