Can a person go to jail for spitting on someone?
Yes. It is considered a form of assault. If the person calls the police and presses charges... You could go to jail.... but more than likely you would get some sort of slap on the wrist. Comunity service, probation, financial restitution type of thing. The easiest way to avoid it all is to keep your saliva to yourself.
Spitting is someones face ???? Legal??
It is assault for sure. Spitting in someone's face will likely be seen as more serious as simply hitting someone for two reasons, one it is considered very offensive, and two it could possibly transfer disease (yes I know it is a long shot but people dont look at it that way). The punishment could range from a fine to jail time depending upon the law where you are at and criminal history ect. The other punishment could be the person spit on commencing a beating.
Is it illegal to spit on someone in NYC?
Spitting on someone has generally met the threshold for "unwanted contact" in prosecution attempts under assault laws. In my former city of jurisdiction, spitting would have been classed as "common assault," a city ordinance carrying a minor misdemeanor penalty on par with shoplifting. Maximum punishment would vary, depending on the factors involved in the case and the perpetrator's criminal history. In my experience, common assault usually brought a fine plus court costs, though a few days of jail time might be handed down if the defendant had prior charges, especially for assault.
Is spitting on someone physical assault?
Thanks for A2A.In Australia, deliberately spitting on someone with malice is unquestionably an assault but whether the police would pursue action on a single incident is highly doubtful.All too often, people ask questions that are too vague making them difficult to answer. In your case, the basic question was enough and the extra detail only attracts further comment.The FWB was definitely over-stepping the boundaries by asking the reported types of questions, and I would guess that he is no longer a friend of any kind.If your friend had kept control of her faculties, she would have simply said, “There’s the door. I suggest you use it immediately.”
Why is spitting on someone classified as assault and can get you to jail?
Any unconsented touching is technically a battery. It is sometimes classified as an assault and battery and is a misdemeanor or petty misdemeanor, depending on the jurisdiction. A petty misdemeanor in NM gets you six months in jail and /or a fine. Iif the defendant has AIDS, it can be charged as attempted murder.
If Someone Spits in your face can you Legally Punch them in da Face?
Probably not but that is a clear case of assault and battery. Call the cops and get the guy put in jail for a night to smarten him up. http://www.expertlaw.com/library/persona... In the context of criminal law, "assault and battery" are typically components of a single offense. In tort law, "assault" and "battery" are separate, with an assault being an act which creates fear of an imminent battery, and the battery being an unlawful touching. Assault and battery are intentional torts, meaning that the defendant actually intends to put the plaintiff in fear of being battered, or intends to wrongfully touch the plaintiff. The wrongful touching need not inflict physical injury, and may be indirect (such as contact through a thrown stone, or spitting). This article describes the law of assault and battery as it is commonly applied, although the law may vary in any specific jurisdiction.
Can you bail someone out of jail if I used to have a restraining order against them?
On the assumption that the "someone" is not jailed for spitting on the sidewalk or missing Sunday School, I suggest you leave him/her there. If you find a way to post bond and free "someone", you are co-dependent and need help.