Can a person get charged/arrested for spitting at someone?

Latest post 08-16-2009 1:36 PM by Ford. 6 replies.
  • 08-14-2009 8:36 PM

    Can a person get charged/arrested for spitting at someone?

    Would such behavior merit a lawsuit and if so what's the perpetrator likely to get in terms of fines and prison time?

  • 08-14-2009 8:41 PM In reply to

    Re: Can a person get charged/arrested for spitting at someon...

    Technically, it would constitute a simple battery--an unlawful touching which is a misdemeanor in most, if not all states.  It is unlikely the offender would get anything more than a fine and that is IF the prosecutor's office decided to prosection in the first place. 

  • 08-14-2009 8:42 PM In reply to

    Re: Can a person get charged/arrested for spitting at someon...

    Yes, a person can theoretically be charged for spitting on someone because it could be considered remotely related to assault.

    But it's unlikely that any prosecutor will ever seriously consider doing to.

    And you can certainly sue somebody for spitting on you, but if you have no monetary damages, you wouldn't win anything.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 08-14-2009 8:59 PM In reply to

    Re: Can a person get charged/arrested for spitting at someon...

    but would the person at least get arrested?

  • 08-14-2009 9:06 PM In reply to

    Re: Can a person get charged/arrested for spitting at someon...

    John Smith XX:
    but would the person at least get arrested?

    If you mean put in handcuffs and shoved into the back seat of a police car, probably not.

    Minor offenses like that usually involve an on scene interview and then the suspect is sent on his way.

    The police then file the report and it's up to the prosecutor as to what happens next.

    Even if charges were filed it would be likely that only a citation and summons would be issued and served or sent to the suspect.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 08-14-2009 9:07 PM In reply to

    Re: Can a person get charged/arrested for spitting at someon...

    Unless a cop witnessed it, highly unlikely.  More likely they'd be sent a summons in the mail to appear in court.

  • 08-16-2009 1:36 PM In reply to

    Of course . . .

    Spitting at someone is an assault, and a battery if you actually hit them.  Under civil law, the spitter could be sued for an intentional tort.  Under criminal law, charges are entirely possible.

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