Say I was working at a fast food restaurant and a costumer got mad and spit at me, that's assault right? And what do I do to get that person prosecuted?
2007-08-01 15:26:26 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I say that is sad. It's more likely some other misdemeanor. Don't make a mountain out of a molehill. Kick them out of the store and call the cops.
2007-08-01 15:29:40 · answer #1 · answered by icecardinal 2 · 1⤊ 0⤋
Varies by state. In NY, assault is causing a physical injury or intense pain, while in other states, assault can be verbal threats or demeaning remarks. In a state that has "assault and battery," battery would be the physical aspect of spitting at you.
NY would treat the spitting as harassment, since there's no real injury, beyond embarassment.
Edit: There's a growing consensus that spitting and throwing other bodily fluids can be more dangerous than punching or hitting. I know that some jurisdictions have felony charges for spitting on a cop.
However, spitting on someone is something that can be prosecuted for in almost every jurisdiction, whether on the felony (cop), misdemeanor or violation level.
PS. You don't need additional witnesses beyond your own testimony to begin a criminal action against someone. YOU DO NOT NEED ADDITIONAL CORROBORATING WITNESSES!!! I don't know why these people keep saying you need a witness. Your testimony is enough to convict someone if your story is credible in court.
2007-08-01 15:30:58 · answer #2 · answered by LawGunGuy 3 · 1⤊ 1⤋
First of all (for all the idiots who answered before me), the definition of assault is: an attempt to commit a battery. Battery is: the actual contact or touching of another without permission or privilege. If the spit actually hits you- it's battery. If it misses and lands on the counter- it's assault. Also, if you take that petty complaint into court in any way, shape, and form- you will be wasting a lot of money and all they will do is laugh at you. Come up with a better thing to sue someone over and quit watching Judge Judy so much.
2007-08-01 15:51:14 · answer #3 · answered by Jennifer M 2 · 2⤊ 0⤋
That is not assult and could not prosecuted in court. Because it would be your work against his and there is no proof. A big waste of your time. Just have to forget about it.
2007-08-01 15:34:32 · answer #4 · answered by eurogirl120 2 · 2⤊ 0⤋
its pretty weak to charge someone with assault becuase of spit...and if you tried to prosecute me because of something like that...you wouldn't make it to court. Grow up and let it go...life is to short to fuss over stuff that happens at work.
2007-08-01 15:30:53 · answer #5 · answered by Spades Of Columbia 5 · 2⤊ 1⤋
While the specific laws vary by state/country -- generally, yes that would fall within the "harmful or offensive contact".
2007-08-01 15:49:42 · answer #6 · answered by coragryph 7 · 0⤊ 0⤋
Yes it is considered assault however you would have to have witnesses willing to say they saw the whole thing happen.
2007-08-01 15:30:00 · answer #7 · answered by Anonymous · 0⤊ 1⤋
That is an insult.. not an assault.
Unless you got witness's and the policeman is willing to take a statement I dont' think you can prosecute.
2007-08-01 15:29:52 · answer #8 · answered by Tapestry6 7 · 0⤊ 2⤋
It is assult, but you can't do anything about it if it did not cause bodily harm or anguish.
2007-08-01 15:32:56 · answer #9 · answered by Anonymous · 0⤊ 1⤋
not sure, its not assault, he did not physically harm you with his own body, it was only FLUID, a simple SPIT, no offense.
2007-08-01 15:30:19 · answer #10 · answered by Anonymous · 1⤊ 2⤋