If you spit on someone while you are handcuffed to a chair and they are just handcuffed is it battery ?

Question

I called the police for assistence with a relative of mine that shot my car five times because he wanted a ride to his vehical from my house. I was not ready to go because I had to take care of some paperwork before I left. So I told him if he needed to go that quickly he could start walking. He walked past my car and shot it five times and kept on walking. The police came and I spoke with them and they saw the car and went to go find my cousin to return and make a report. When they returned I walked out expecting to make a report but I got arrested because my cousin said I had assaulted him with a .44 mag. pistole. When we were being booked at jail. They sat him right next to me and I was cuffed to the chair and he was not. He was constantly badgering me and insulting me while booking officers did nothing. So I turned to him and he turned to make another insulting remark and I spit on his face. Now he filed charges for battery.

Answer 1

Well, you say that "he filed charges for battery." Do you mean a civil suit filed by him for battery, or did he have the state bring charges of assualt (criminal term encompassing civil term battery) against you?

In either instance, it will depend on either the common law elements for battery (civil) or the applicable statute for assault (criminal) in your state. They do vary considerably between jurisdictions.

However, generally, tf it is a civil suit brought by him under common law battery, it is likely that you are liable, although the damages will be nominal. Under the Restatement, Second, of Torts, battery is the intentional infliction of a harmful or offensive bodily contact. Given general case law, you are liable civilly. However, given that it would be hard for him to prove any compensable damages, he would likely get a landslide victory of a couple of bucks as nominal damages. (In the civil system, this is a battery, not an assault. Assualt is the intentional causing of an apprehension of harmful or offensive contact. It typically merges into the battery claim, since battery is the natural progression from assault.)

Generally, you also violated most assault statutes (criminal); however, I would be entirely surprised if they spend the time to prosecute it. They will plea it out and offer a few hours of community service. In most states, it would be the lowest level of a misdemeanor (excepting traffic violations).

Answer 2

Yes, it is against the law to spit in someones face, although he deserved it. Something to do with the dangers of bodily fluids coming in contact with someone else. Just stay calm around him. He seems to know exactly how to push your buttons and he can end up getting you in a lot of trouble. I would go ahead and file a restraining order against him so that he has to stay away from you until your court date. Good luck.

Answer 3

Unfortunately, regardless of the provocation, you can be. No one ever said the laws are always fair. Too bad you have some bad seeds in that family tree.

When it is your turn to talk to the judge, speak the truth quietly and calmly. The less upset you appear to the judge, the less likely you are to be found guilty or get any significant sentencing.

Answer 4

In my state the official charge is called Battery by Bodily Waste and it is a D Felony.

Answer 5

IN most places spitting on a person is considered assault, so yes those are justifiable charges.

Answer 6

Yes

Answer 7

ninety 9.9999% of all interviews at the instant are not accomplished while the suspect is in handcuffs. For the reason you enhance, rapport is needed while interviewing. basically a violent criminal might proceed to be handcuffed.

Answer 8

maybe if you had bird flu,but if your a faith healer and healed him then that could set a whole new presidence

Answer 9

spitting on someone is assault.

Answer 10

thats assault