Legal Question in Criminal Law in Florida

In the state of Florida is it illegal to spit on another person? What is the crime? What are the penalties?

Asked on 12/28/09, 2:00 pm

2 Answers from Attorneys

Aaron Slavin Slavin Law Firm, LLC

If you spit on someone else and its against their will, it could be prosecuted as a "Battery" in the State of Florida. If you spit on a police officer, it could be filed as a "Battery on a Law Enforcement Officer," which is a Third Degree Felony punishable by up to five (5) years in prison.

Normally, the misdemeanor battery would be punishable by up to one (1) year in the County Jail and/or one (1) year of misdemeanor probation with court ordered family violence counseling/classes.

Hope that helps,

Aaron J. Slavin, Esq.




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Answered on 1/02/10, 2:11 pm
Sarah Grosse Sarah Grosse, Esquire

Spitting on someone is assault and battery. I don't know how you can be in a self-defense situation with spit. This is clearly illegal and chargable as a crime.

Do not send me an email over this issue. I will reject it because I don't want you to spit on me.

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Answered on 1/02/10, 3:28 pm

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