Is Spitting on Someone Assault? Understanding the Legal Implications in Texas

In recent times spitting on someone has been a topic of debate as to whether it’s considered assault. Since it’s both unclean and disrespectful many are wondering what are the legal consequences of spitting on someone.



Yes, spitting on someone is assault. Whether spitting is assault will depend on the intent behind the act, the impact on the victim, and any prior history between the parties.

This article will explore the legal aspect of spitting on someone and if it’s considered assault under Texas law.

• What Does The Law Say?
  
• Is Spitting Always Considered Assault?
  
• What Are The Penalties for Spitting on Someone?
  
• Conclusion
  

What Does The Law Say?

In the case of spitting on someone, the law recognizes that it’s unclean and disrespectful. So it’s assault if it’s considered offensive or provocative. Under the Texas Penal Code, assault is defined as:

• Assault Bodily Injury: Intentionally, knowingly, or recklessly causing bodily harm to another person.
• Assault by Threat: Intentionally or knowingly threatening another person with imminent bodily injury (only the threat).
• Assault by Contact: Intentionally or knowingly making physical contact with another person when it is known, or should reasonably be known, that the contact will be considered offensive or provocative.

Under this spitting on someone is a misdemeanor if there was intent or provocative. For example, if you wanted to spit on someone but they dodged it or you spit on someone else by accident then it might not be considered assault, even if it was in a harmful or offensive manner.

But if the act caused physical harm or injury to the victim, then it may be a more serious offense, even if there was no actual physical contact. For example, if you were sick and intentionally spit on someone and they got sick then it could be a felony under the category of physical assault, aggravated assault, or assault causing bodily harm.

In some cases spitting on someone can also be a hate crime if it’s motivated by bias or discrimination against a protected class. This can result in more severe penalties and even felony charges.

You might be interested: What Is the Difference Between Assault and Battery?

Is Spitting Always Considered Assault?

While spitting on someone is considered simple assault in some cases, it’s not always assault. For example, if the spitting was in self-defense or as a form of protest then it won’t be charged as assault. Some states also have laws regarding assault by bodily fluids which includes saliva. It’s best to consult with a criminal defense lawyer to know the laws and charges in your state.

Even if the spitting is not charged as assault it can still be charged as battery or disorderly conduct. Again consult with a lawyer to know what to do in your case, since laws vary widely depending on the jurisdiction and the context.

Related: Aggravated Assault with a Deadly Weapon - Texas

What Are The Penalties for Spitting on Someone?

The penalties for assault in Texas depend on the type of assault and the harm caused to the victim. Spitting on someone can be a Class C misdemeanor to a felony offense.

• Class C Misdemeanor: An assault is a Class C misdemeanor when it’s provocative or offensive physical contact that doesn’t result in bodily injury. This is the lowest level of assault charge and can result in:
• Fine up to $500
• No jail time but you’ll have an assault conviction on your record.
• Class B Misdemeanor: Assault that causes bodily injury but not to a family member, household member or public servant is typically a Class B misdemeanor.
• Fine up to $2000
• Up to 180 days in jail
• Class A Misdemeanor: Assault that causes bodily injury to a family member, household member, or public servant, if it’s with a weapon or physical harm to an elder may be a Class A misdemeanor.
• Fine up to $4000
• Up to one year in jail

When assault charges become a felony it’s usually due to more serious circumstances such as:

• Assault on a public servant, security officer, emergency services personnel, or other protected individuals.
• Intentionally or knowingly causing serious bodily injury to another person.
• Assault with a deadly weapon or bodily harm to a family member, household member, or peace officer.
• Assault with a deadly weapon or bodily harm to a family member or household member if there’s a prior family violence conviction.

Related: What is Considered a Deadly Weapon in Texas

These factors can bump the assault charges up to a felony and result in more severe penalties and consequences for the defendant. Here are the different levels of felony assault charges:

• Third-Degree Felony: Assault that causes serious bodily injury to another person or with a deadly weapon but not against a family member or public servant may be charged as a third-degree felony.
• Fine up to $10,000
• Up to 10 years in prison
• Second-Degree Felony: Assault that causes serious bodily injury to a family member or household member or with a deadly weapon against a public servant, emergency services personnel, security officer, or other protected individuals may be a second-degree felony.
• Fine up to $10,000
• Up to 20 years in prison
• First-Degree Felony: Assault that causes serious bodily injury to a family member or household member and there’s a prior conviction for family violence may be a first-degree felony.
• Fine up to $10,000
• Up to life imprisonment

Also read: Texas Mutual Combat Law: A Guide to Its Implications and Limitations

Conclusion

In summary the question “Is spitting on someone assault?” is a tough one that requires knowledge of legal definitions and precedents. While spitting on someone may not always be a criminal charge, it can still have legal implications in certain situations. Always be respectful and considerate of others to avoid legal consequences.

The Law Office of Rolando Cantu is here to help those in need of legal advice and representation for assault cases. If you or someone you know has been charged with assault, contact us today. Remember to always be mindful and respectful of others' boundaries to avoid any altercations that could result in serious consequences. Let us guide you through the legal process and protect your rights. Stay informed, stay safe, and be responsible always.