That would make you the aggressor.
Can you hit someone who spits on you. The act of coughing or spitting on another person in order to expose them jokingly or not to COVID-19 has already been the. Preschoolers tend to spit out of anger. The uniform can take it.
In the moment if you retaliate youd get a free pass on punching them in the face. People die from fistfights all the time not from the punch but from hitting their head on the concrete as they fall. Spitting on someone will certainly get some type of reaction.
Aggravated Assault is a serious felony which may result in jail time. If someone spit on you punching them may even risk sending them to the hospital. Take a moment to think about it then hit them.
But if during an arrest someone spits or releases any other bodily fluid on a police officer. Jocelyn Noseworthy said spitting on anyone is always a serious assaultbut to do so in this current pandemicis particularly. The man who spit on you could have been charged as well but the decision to do so is up to the District Attorneys Office.
No1 you cant strike first. If the spitter was sick or had some kind of virus and tried to spit at you in the eye or any other mucous-related orifice of your body and such was done WITHOUT YOUR CONSENT this can be considered ASSAULT. So of course it is grounds for someone to physically defend themselves.
A crime involves the legal theory of a mens rea which means criminal mind or having such a state of mind while committing an act. If someone spits on you regardless of assault laws in your state you should definitely punch. Upholding the conviction the Court of Appeals found that spitting in the face is within contemplation of the Federal assault statute.