The courts are likely to say that you had a duty to scramble out of the way or to step back.
Can i legally punch someone if they spit on me. It is against the law to assault someone hit push slap etc. However if youve already been hit and the person who hit you indicates by words or actions that he is not going to hit you again self defense generally does not allow you to hit that person back. Sure spitting doesnt necessarily harm someone but its illegalcounts as battery and unacceptably disrespectful behavior.
Including scraping off the spit and keeping it for DNA match for the upcoming lawsuit. 0 found this answer helpful. Second you can only punch someone if theyve already taken a swing at you or if you believe youre about to be hit.
Putting your hand up to block spit is the level of force acceptable to defend against the force used behind spit. Is an assault and battery. You both can be charged.
Can I legally punch someone if they spit on me. All the while making sure I got plenty of great pictures and some incriminating video of the aftermath. Unless you caused serious bodily injury you probably should have only been charged with simple assault which can usually be plead down to Harassment with contact if you get the right attorney.
Its hard to argue self-defense when youre literally on the attack. Ive punched someone who spit on meunprovoked before and while its contextual I think it can be a perfectly acceptable response. If someone actually spit in my face I would get on my phone and call the police.
The permissible level of force for self defense is that level NECESSARY to stop the immediate threat. No1 you cant strike first. This injury often occurs in American football when a player grabs another players jersey with the tips of one.