Spitting on Someone: The Connection to Assault in NJ

Why You May be Arrested for Spitting on Someone in New Jersey

Spitting on someone is a clear sign of anger, while the reasons for such conduct vary depending on the circumstances. Intentionally spitting on someone is seen as an act of aggression under New Jersey law, meant to evoke fear or disgust in the victim. Since bodily fluids may contain disease, the person being spit on may have justifiable fear for their safety in addition to shame and repulsion. Though a person may not suffer immediate physical harm from saliva, like a punch would cause, the alleged victim may press charges for assault in New Jersey. Unbeknownst to many, spitting on someone is deemed a type of assault that can lead to criminal prosecution and penalties in New Jersey.

You may be shocked if you or someone you love is arrested and charged with assault for spitting on someone, but it can and does happen relatively frequently in towns and cities throughout the state. What you need now is a skilled and experienced New Jersey criminal defense attorney to challenge the case against you and work to get the assault charges dismissed or the penalties reduced. Otherwise, you may be left with the consequences of a criminal conviction and a criminal record that weighs on you for years to come. Contact our team of talented assault defense lawyers for a free consultation today and get started with your defense. You can reach us online or by phone anytime at 609-850-8284.

How Severe is an Assault Charge for Spitting on Someone in New Jersey?

Spitting is one type of assault in New Jersey, though it is not the most severe. It is most likely a simple assault (N.J.S.A. 2C:12-1(a)) when the act intentionally or recklessly causes another bodily harm or places them in reasonable fear of harm. Simple assault is a disorderly persons offense.

A more severe form of assault occurs when someone commits a simple assault with a lethal weapon or acts with reckless disregard or extreme indifference to the sanctity of another’s life (N.J.S.A. 2C:12-1(b)). A conviction is likely to bring stiffer penalties for an indictable crime like this, known as aggravated assault.

Another form of assault occurs while operating a motor vehicle when a driver’s reckless or drunk driving causes another’s injuries; the criminal consequences for these assault charges depend on the extent of the victim’s injuries, with more severe harm resulting in the most severe penalties (N.J.S.A. 2C:12-1(c)).

The Intentional Act of Spitting on Someone: A Key Element of Assault

Someone might express rage and hate against another by spitting on them, but the act is an assault by its definition. Spitting qualifies as an intentional act to cause another bodily harm. The bodily harm includes another’s saliva, which may contain bacteria, viruses, or other contagious diseases the spitting victim may contract because of the saliva-to-skin contact. Whether the assaulter’s saliva contains toxic germs is irrelevant. The victim’s placement in fear of contracting a disease from another’s saliva is enough to constitute a simple assault. 

So long as the individual intends to cause another harm by spitting on them and the victim reasonably believes they are endangered or does suffer harm by the act, simple assault is the offense under New Jersey law.

What Makes Spitting a Criminal Offense under NJ Law?

Spitting is considered a harmful act insofar as it may endanger another’s life. For example, a victim who is undergoing cancer treatment may have a severely compromised immune system. When someone with a cold or virus spits on the immune-compromised victim’s skin, they may contract a cold that turns into pneumonia or something worse.

However, the act of spitting on someone is also deemed offensive alone. It potentially causes the victim to experience shame, disrespect, humiliation, and psychological pain but also evokes fear of contamination and serious illness, even death. Spitting on someone is perceived as a powerful and demeaning insult. For this reason, it also constitutes a criminal offense for assault under New Jersey law.

What Happens if an Assault Charge for Spitting Results in a Conviction?

When the state charges an individual with assault for spitting, the accused may face jail time and fines. A conviction for simple assault can have serious repercussions, even though it is not as serious a charge for an indictable crime. Simple assault is typically a disorderly persons offense, punishable by up to six months in jail and a maximum $1,000.00 fine.

Other possible penalties include mandatory anger management classes over weeks or months or probation for a year or even several years. Each case’s circumstance may justify a minimum or maximum sentence, depending on the defendant’s attitude, the degree of offensiveness of the act, and the victim’s injuries. The penalties mean to discourage offensive acts like spitting to protect others and prevent them from happening whenever possible.

Will I Have a Criminal Record if Convicted of Assault by Spitting?

An assault by spitting conviction penalizes the convicted defendant more than jail time and fines. The long-term consequences are significant. Though a disorderly persons offense is a lesser offense, a conviction will show up on your criminal record and affect substantial areas of your life.

For example, your goal to work as a security guard may have to change since you will have a simple assault on your record. A potential employer is less likely to risk liability by hiring someone with an assault conviction, especially in a position of trust and public interactions. Any job that deals with the public may be off limits or more challenging to obtain with an assault conviction on your record, so your employment possibilities may be limited.

You might also consider going back to school to enter a new employment field. However, higher education institutions and professional schools may also reject your application with an assault conviction on your record. Any time a background check verifies a candidate’s application answers as to prior convictions, the assault incident is visible to a prospective employer or educational institution. The process of expungement may be an avenue that is available to you to remove the case from your criminal record and move on with your life.

You may also have difficulty traveling internationally when your passport identification brings up a computerized database of convictions and travel restrictions. Certain countries do not allow those with violent conviction backgrounds to enter. Clearly, a criminal record with a violent offense conviction may affect your reputation and future prospects.

Ways to Contest a Spitting-Related Assault Case

Circumstances may not be what they seem to be. A defendant may have defenses to the charges, primarily when the accused acts in self-defense. As a defendant, you may have been the victim of an attack, and the spitting occurred as a defense to threats of bodily harm. Self-defense may be a valid defense to the assault charge.

Another defense is the prosecution’s failure to present an essential offense element. The prosecutor must prove you intended to spit on the alleged victim to harm them. In other words, you may have accidentally spit on someone, not intending to hurt them. The state cannot convict you without proving all elements of the offense.

Other defenses include charging the wrong person with the offense. Witnesses may confuse you with others involved in a bar room brawl or at a crowded sporting event. Tempers flare, and a fight breaks out while bystanders misidentify you as part of the fight. However, witnesses closer to the scene may testify that you were not a participant.

Finally, your defense may be that you lacked the mental state to commit the offense. When you can prove you were impaired by substances or otherwise unable to commit an assault, you may avoid a conviction.

Where Will My Spitting Assault Case be Handled?

Since simple assault is a disorderly persons offense, you will face prosecution and assert your defenses in the municipal court in the municipality where the incident occurred. That means a judge hears your case and decides guilt or innocence, not a jury.

Proactive Ways to Protect Your Rights After Being Charged with Assault for Spitting on Another

After an arrest for assault by spitting, you should keep in mind that your arrest, including anything you say while in police custody, can work against you. Thus, the last thing you want to do is panic or confront the police, even when you believe you are wrongly accused. Hostile engagement with law enforcement can result in additional charges against you.

You must remain calm and assert your rights. You have the right to remain silent until you have legal representation. The police may ask you questions that may seem harmless, but your responses may incriminate you. Wait to speak to an attorney first so you do not unintentionally sabotage your defense.

You can help your defense with evidence showing what occurred at the time of the incident. You may ask witnesses for their telephone numbers or email addresses or locate any surveillance footage or photographs from nearby businesses or the venue where the incident occurred. You may know people who took pictures that may help to exonerate you.

Contact Proetta, Oliver, & Fay to Talk to an Experienced Assault Lawyer

Contacting a New Jersey criminal defense attorney immediately after your arrest is essential. At Proetta, Oliver, & Fay, our criminal defense lawyers are skilled in assault-by-spitting cases and we can protect your rights from the start. When you face police questions or prosecution for a spitting incident, our lawyers can object to questions that are inappropriate and prevent you from answering if you might incriminate yourself.

Throughout the municipal court proceedings, our defense attorneys will provide crucial assistance and counsel. Whether we negotiate a plea deal or defend you at trial, our goal is to minimize or mitigate the penalties you are facing based on assault by spitting accusations. The state must have compelling evidence to convict you, and we know that the prosecution bears a high burden of proof. Our job is to counter the prosecution’s evidence with proof and tailored defenses in order to create doubt. When negotiating a more favorable plea agreement is the optimal approach, we skillfully handle dealing with the prosecutor to advocate for your best interests.

Contact our legal team today at 609-850-8284609-850-8284 if you have been arrested for assault by spitting in Burlington County towns such as Mount Holly, Mount Laurel, Riverside, Pemberton, Lumberton, Moorestown, Cinnaminson, or elsewhere in Southern New Jersey.