If you spit in someone's face are they legally allowed to hit you?

Answer 1

In most jurisdictions, spitting in somebody's face would constitute battery. The victim striking in response would probably constitute battery, as well, however with "mitigating factors."

So, are they legally allowed to hit you?

Probably not; But, put this story before a cop, or DA, or judge, and I'll bet most will feel the response is understandable.

___________________________________________________________

Yes they are legally allowed to respond by hitting you back because spitting in someone's face is considered sufficient legal provocation for a use of force in every jurisdiction.

In criminal law, provocation is a possible defense by excuse or exculpation alleging a sudden or temporary loss of control (a permanent loss of control is in the realm of insanity) as a response to another's provocative conduct.

Because spitting in someone's face has no protective or meaningful purpose other than to insult, provoke, aggravate or demean; it has become the definitive example of an act of assault and battery which does not cause a physical injury IN ALL JURISDICTIONS. Hobbs v. State 127 Nev. Adv. Op. No. 18 May 19, 2011

Therefore, when a legal use force is described as a battery, it is tantamount to defining shoplifting as an aggressive and cost-effective method of retail shopping.

It should be noted that two other conditions must also be satisfied to qualify and maintain the legitimacy of that use of force.

First it must be a reasonable reaction of self-defense under the circumstances and not cause great bodily injury. Great bodily injury is a legal phrase which means cripple or disfiguring. E.g. someone hit someone with so much force, the injury required stitches.

Second it must not be excessive i.e. once the spitter retaliates, then all further use of force must also cease.

There is one very and important exception to this rule. When these same acts of assault and battery occur within a domestic relationship, regardless of who actually instigates a physical confrontation, the male is deemed the predominant aggressor by law enforcement guidelines UNLESS the woman has a size and strength advantage.

Although the following came from the Roanoke, Virginia Police information site, I have it on good authority that these same cockamamie guidelines are used by all law enforcement personnel in all jurisdictions.

The following information is used to determine the predominant aggressor:

· Height/weight of parties.

· Proportional nature of injuries inflicted on each person.

· Presence of other normal responses to trauma (crying).

· Presence of controlling behavior in one party.

http://www.roanokeva.gov/85256a8d0062af37/vwContentByKey/N254VM2V730SALYEN