Legal Question in Criminal Law in California

Does spitting on someone = assault or other offense?

Recently, an acquaintance became angry and spit on my face intentionally in a public place. Due to the history of this person's actions, I would like some recourse. Is purposely spitting on someone a crime? Is it considered assault? AND, if I allowed three days' time to elapse without a police report is it too late to file charges? Thank you!

Asked on 11/02/00, 9:54 pm

1 Answer from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates
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Re: Does spitting on someone = assault or other offense?

This would be considered a civil battery and you could sue for damages including punitive damages for this action. As far as criminal action you will have to contact the police

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Answered on 11/17/00, 4:29 am

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