Is Spitting on Someone Assault - Jason Bassett

From The Law Offices of Jason Bassett, P.C. – "Is Spitting on Someone Assault" delves into the legal ramifications of spitting on another individual within the jurisdiction of New York. This episode provides listeners with a comprehensive understanding of how such an act, often perceived as minor, can lead to serious criminal charges under New York law.

The discussion begins by exploring the definition of assault in New York. Under New York Penal Law, assault involves intentionally causing physical injury to another person. While spitting may not cause physical harm, it is considered offensive physical contact. Therefore, spitting on someone can be prosecuted under harassment statutes, specifically Harassment in the Second Degree, which involves actions intended to harass, annoy, or alarm another person. 

The podcast further examines legal precedents that have established spitting as a criminal offense. In People v. Bracey, the court inferred the defendant's intent to harass from the act of spitting on the victim, supporting a harassment conviction. 

This case underscores that even without physical injury, the intent and offensive nature of spitting can meet the threshold for criminal charges.

Listeners are also informed about the potential legal consequences of such actions. While Harassment in the Second Degree is classified as a violation, not a misdemeanor or felony, it can still result in penalties including fines and possible jail time. The episode emphasizes the importance of understanding the seriousness of actions that may seem trivial but carry significant legal implications.

For those facing charges related to such incidents, The Law Offices of Jason Bassett, P.C. offers experienced legal representation. Their team is well-versed in New York's assault and harassment laws and can provide guidance to navigate the complexities of the legal system, aiming to protect clients' rights and achieve favorable outcomes.

Law Offices of Jason Bassett, P.C.

320 Carleton Ave # 4200, Central Islip, NY 11722, United States

(631) 259-6060

https://www.google.com/maps?cid=695024758410642184