Spitting on another person may seem like an immature or insulting act, but under the law it can be treated as a criminal offense. In many states, including New York, it can be considered assault, battery, or both. Even if no physical injury occurs, spitting can still lead to arrest, charges, and serious consequences.
This guide explains how the law treats spitting incidents, the possible penalties, and what to do if you are involved in one.
What is Assault?
Assault is usually defined as intentionally causing another person to fear imminent harmful or offensive contact. In some cases, assault does not require physical contact at all. The threat alone can be enough if it causes a reasonable person to feel unsafe.
What is Battery?
Battery is the actual intentional, harmful, or offensive physical contact with another person without their consent. Even minimal contact, like spitting, can count if it is deliberate and considered offensive.
Some states combine assault and battery into one offense. Others treat them separately but may use similar penalties.
Is Spitting Considered Assault or Battery?
Spitting on someone is often treated as battery because it involves physical contact with the body, even if it is through saliva. If the act causes the person to fear further harm, it can also be considered assault.
Examples:
- Spitting directly in someone’s face during an argument can be battery.
- Threatening to spit, causing the other person to fear it will happen, may be assault.
When Spitting Can Bring Stronger Charges
Some situations increase the severity of the charge. Spitting on certain people or in certain locations can result in upgraded offenses, sometimes even felonies. These situations may include:
- Law enforcement officers, correctional officers, or other government employees
- Healthcare workers, school staff, or jurors
- Military personnel
- Incidents on school grounds, hospitals, parks, or other protected locations
- Cases where the person spitting knows they have a communicable disease and there is a risk of transmission
Penalties for Spitting on Someone
Penalties vary by state and the circumstances.
- Misdemeanor charges: Often punished by fines and up to one year in jail. For example, in Virginia, simple assault or battery is a Class 1 misdemeanor, carrying up to one year in jail and a fine of up to $2,500.
- Aggravated or felony charges: May apply if the victim is in a protected group or during public health emergencies.
- Civil lawsuits: Victims can sue for damages such as humiliation, emotional distress, or medical costs related to disease testing.
Civil Liability for Spitting
Even if criminal charges do not stick, the act of spitting can still lead to a civil lawsuit. Civil claims may seek money for damages, including:
- Emotional distress
- Harm to reputation
- Medical bills from disease testing or treatment
Health Risks and Additional Charges
Spitting can raise health concerns, especially if saliva gets into the victim’s eyes, mouth, or an open wound. If the person spitting has a disease such as hepatitis or another infection and knowingly exposes someone, prosecutors may add charges like reckless endangerment.
Factors That Can Affect the Case
Several factors influence how a spitting incident is handled:
- Was it intentional or accidental?
- Was the target a protected individual?
- Is there credible evidence, such as witness statements or video?
- What are the laws in the state where it happened?
Defenses to Spitting Charges
Possible defenses may include:
- Lack of intent, such as saliva from coughing or sneezing
- Self-defense if the act was a response to a threat
- Mistaken identity or false accusation
- Lack of evidence to prove the act occurred
What to Do if You Are Involved in a Spitting Incident
If you are accused:
- Avoid speaking to police without a lawyer present
- Collect any evidence that supports your side
- Identify witnesses who may help your defense
If you are the victim:
- Document the event immediately, including the date, time, and location
- Gather witness information
- Seek medical attention for possible health risks
- Consider contacting law enforcement and an attorney
Call for Legal Help
Spitting may seem minor, but the legal system treats it as a serious matter. It can result in criminal charges, civil lawsuits, and long-term consequences. Whether you are accused or a victim, having an experienced lawyer can protect your rights and guide you through the legal process.
Call (631) 424-6444 to discuss your situation and learn your legal options.