Can you go to jail for spitting on someone in Texas?
You can still be convicted of misdemeanor battery even if there is no physical harm or injury and face up to six months in county jail and a fine of up to $2,000 dollars. However, if you angrily direct your saliva towards a police officer, you could potentially face much more significant penalties.
The Elements of Assault
It may be that the "spitter" had no intention to break the law or hurt the person he spit on (or at), but because spitting on someone can be considered an application of force, i.e, making contact with another person in an offensive manner, it qualifies as a simple assault.
Class B Misdemeanor: up to 180 days in jail, up to a $2,000 fine, or both. Class A Misdemeanor: up to one year in jail, up to a $4,000 fine, or both. State Jail Felony: between 180 days to two years in a state jail, up to a $10,000 fine, or both.
What is the punishment for spitting at someone? Common assault carries a maximum penalty of six months in prison and/or a fine or community order. A prison sentence is generally reserved for cases where serious injury was caused, and higher culpability is present.
Texas Laws: Assault
An assault has occurred under Texas law when: Someone intentionally or recklessly causes physical harm or injury. Someone intentionally threatens imminent physical harm. Someone intentionally uses offensive or provocative physical contact against another person.
In addition to battery, the crime of “assault” under Penal Code § 240 is also available for spitting. This crime covers the attempt to use force or violence rather than the actual contact. This means that spitting toward someone is a crime in and of itself, whether the spit makes contact or not.
Only a Little Force
You can be accused of assault even if you didn't hurt the other person or used very little force. For example, spitting in a person's face can be an assault. Important! Assault can have serious legal consequences when it puts the victim's life in danger or when the victim is injured.
Making a statement
Spitting on the ground in front of someone is supposed to show disrespect, anger, rudeness, arrogance and even bullying.
Assault is generally defined as an intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact.
...
There is no class B assault, it jumps from C to A.
- 3rd Degree Felony Assault. ...
- 2nd Degree Aggravated Assault. ...
- 1st Degree Aggravated Assault.
How much is an assault charge in Texas?
As for causing bodily injury in a simple assault, this offense is a Class A misdemeanor with punishments of up to 1 year in jail and a fine of up to $4,000. Threatening bodily injury or making physical contact which provokes another person is a Class C misdemeanor punished with no jail time but rather only with a fine.
A person commits a Class C misdemeanor assault if he or she "intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative." Texas Penal Code Section 22.01(a)(3).
Common assault carries a maximum penalty of six months in prison and/or a fine or community order. A prison sentence is generally reserved for cases where serious injury was caused, and higher culpability is present.
ABH is assault or battery that causes harm to a person's body. The harm does not need to be serious to be classed as ABH, however, it does need to be more significant than a push or shove.
Case example: A person throwing a wine bottle at another, and misses, will be an assault. A person who uses a dog as a threat only, being an intention that the dog bite, but does not do so, will be an assault.
Common assault: when someone uses force, such as pushing or slapping, or makes threats of violence. Actual Bodily Harm (ABH): when you are injured as the result of an assault, for example bruised, scratched or bitten. Grievous Bodily Harm (GBH): when you are seriously injured in an assault, such as being stabbed.
In general, you cannot be charged without evidence, but many people take this to mean physical evidence. In the absence of physical evidence, you can still receive drug charges if you had control over an illegal substance or had the intent to sell or distribute that substance, even if you did not physically possess it.
Simple assault in Texas typically carries misdemeanor penalties, but the offense can easily elevate to a felony. A person convicted of simple assault could face jail or prison time and hefty fines and fees.
California law does not admit to violations of personal space as a defense for battery defense. One would, in effect, be hitting someone because he or she did not like the other person's location. California does allow for violence in defense of oneself or others, under reasonable circumstances.
If you are in the unfortunate situation that you are spat at, the NHS recommends you should: Immediately wash the saliva off with soap and lots of water. If the saliva goes into your eyes, nose or mouth wash it out with lots of cold water. If you think you're at risk of infection, get immediate medical advice.
Can you go to jail for slapping someone?
It is assault and you will be arrested.
Only a Little Force
You can be accused of assault even if you didn't hurt the other person or used very little force. For example, spitting in a person's face can be an assault. Important! Assault can have serious legal consequences when it puts the victim's life in danger or when the victim is injured.
The Texas penal code considers “harassment of public servant” to be an “assaultive offense.” It defines that harassment as when someone “causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal ...
Under Texas law, any threat of violence to either person or property can be the basis of a terroristic threat charge. However, that threat of violence must be accompanied with criminal intent to either follow through with the threat or terrify another into believing you may do so.
Thus the penalty for making a terroristic threat in Texas ranges from 180 days in a county jail to a sentence of not more than ten years in prison, and/or a fine ranging from $2,000 to not more than $10,000.