That's considered assault?

primalclaws1974

Well-Known Member
I understand assault means hitting with an object or hand/fist, kicking and biting. But anymore, it seems anything can be considered assault. Do you know that not only is spitting considered an assault (on an officer or anyone else), but spitting in their direction without hitting them, is also grounds to be charged? I don't condone spitting on people, it's very disrespectful, but assault? Come on!
 

ally79

Well-Known Member
Yep, that is considered assault and it should be. Just because someone spat at someone and it didn't land on them doesn't mean that that wasn't their intent. By spitting in their direction you are showing intent so whether you make it or not it is assault.
 

pattycake

Well-Known Member
I understand assault means hitting with an object or hand/fist, kicking and biting. But anymore, it seems anything can be considered assault. Do you know that not only is spitting considered an assault (on an officer or anyone else), but spitting in their direction without hitting them, is also grounds to be charged? I don't condone spitting on people, it's very disrespectful, but assault? Come on!

I didn't know that spitting and missing is considered assault, but I do see spitting on someone an assault. That's as outrageous as hitting. And yes, that should be chargeable as an assault.
 

LitoLawless

Well-Known Member
I guess they can CLAIM that it is assault. Spitting with the intent to hit an officer with the spit can be considered assault I guess, but what about when you spit without knowing the officer is near or by you in some way? I think it's something a cop may arrest you for if he wants to be a real douchebag.
 

primalclaws1974

Well-Known Member
I appreciate the replies, but I don't consider spitting to be assault. It's rude and lewd, but assault? In what way (unless you have a disease that can be contracted through your saliva) is it hurting a person you are spitting on? Also, I was not necessarily referring to the officer alone, as the one being spat on (or towards). This applies to anyone that gets spit on. I don't think it should be considered a crime, even if it was an officer you hit. I think in court it should be brought up as disruptive behavior, and the judge probably wouldn't look on you favorably.
 

Peachdejour

Well-Known Member
Okay. I can very quickly tell you why it can be considered assault. It is one of the easiest ways to spread communicable diseases. Did you know that a person who works with a public who is spat on and gets it in an eye or their mouth or an open cut immediately has to fill out paperwork and go sit at the doctors for hours and get a med cocktail? I got bit by a person at work and got cellulitis in 45 minutes. The human mouth is disgusting. Therefore, spitting at a person is not only disrespectful and disgusting, you could be giving that person any number of diseases you may or may not know you have in your body. Assault.
 

primalclaws1974

Well-Known Member
Okay, there is a difference between biting and spitting. I understand that the human mouth is full of bacteria. Really any animal that is an omnivore is carrying a lot of bacteria in their mouths. Spitting on someone, even if you hit them is pretty unlikely to spread a communicable disease. Your natural instinct would be to wipe it away, and it would not get into your system. A bite (depending how deep), is another story entirely, and could be in your blood stream instantly. Not to mention that a bite is physical harm, and spitting is not.
 

Peachdejour

Well-Known Member
No, they aren't the same thing, but I was using the bite as an example of the amount of bacteria that can be in the human mouth. You aren't going to be able to wipe it away if it gets in your eye or a wound though. When we do restrains on units, we have face guards for the "spitters" for that reason. It is illegal to do a prone restraint, so you get all the gooey fun. I remember back when I did my residential restraint training they told us to bring in clothes and hygiene supplies because we would probably want to shower directly after a restraint do to contact with bodily fluids. Luckily (or not), I was told I could no longer work one on one with clients soon after due to health reasons and just get to listen to the gooey fun on the security walkies.
 

TheScorpion

Member
I think the intent would be pretty easily discernible. Considering most police let you blow through a red light or do 95 mph in a 40 mph zone I doubt they would do anything unless there was some real bad intent behind "the spit".
 

pattycake

Well-Known Member
I guess they can CLAIM that it is assault. Spitting with the intent to hit an officer with the spit can be considered assault I guess, but what about when you spit without knowing the officer is near or by you in some way? I think it's something a cop may arrest you for if he wants to be a real douchebag.

Hahahaha! LOL! You gotta a point. You could spit, the wind blow it, it hit a cop, and the cop be a sour puss and haul you in for it.
 

Peachdejour

Well-Known Member
Well, I suppose that is why we should be very respectful and nice to our officers. Then, we won't be hauled in for wayward spit in the wind.
 

MsJLO

Member
Spitting is a pretty disgusting thing. Of courseits assault. You can catch diseases from saliva just like any other bodily fluid.
 
Top