Spitting on someone may seem like a minor act of disrespect, but under Maryland and Virginia law, it can result in criminal assault charges, jail time, and a permanent record. If you have been charged, or are considering pressing charges, here is what the law actually says.
What Is Assault Under Maryland and Virginia Law?
Many people think of assault as a physical attack, but the legal definition is broader than that. In both Maryland and Virginia, assault and battery are treated as a single offense that covers both the threat of harmful contact and the act of making unwanted physical contact with another person.
In Maryland, assault is governed by Md. Code Ann., Crim. Law § 3-203. Second-degree assault, the charge most commonly applied to spitting, is a misdemeanor carrying up to 10 years in prison and a fine of up to $2,500.
In Virginia, assault and battery are covered under Va. Code § 18.2-57. Simple assault and battery is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500.
Is Spitting Considered Assault or Battery?
Spitting on someone is typically charged as battery, which is the intentional, offensive physical contact with another person without their consent. Courts have consistently held that saliva constitutes physical contact even though it does not cause visible injury. The contact is unwanted, deliberate, and inherently offensive, which satisfies the legal standard in both Maryland and Virginia.
If someone threatens to spit on you and you reasonably believe it is about to happen, that threat alone may constitute assault even before any contact occurs.
When Does Spitting Become a Felony?
In most circumstances, spitting on someone results in a misdemeanor charge. However, charges can be elevated to a felony in specific situations:
Spitting on a law enforcement officer: In both Maryland and Virginia, assaulting a police officer, correctional officer, or other protected public official results in significantly more serious charges. In Maryland, assault on a law enforcement officer is a felony carrying up to 10 years. In Virginia, it is a Class 6 felony.
Known communicable disease: If the person spitting knows they have a transmissible disease, such as HIV or hepatitis, and intentionally spits on someone, prosecutors may pursue additional charges, including reckless endangerment or malicious wounding, depending on the circumstances.
Assault during a public health emergency: During declared public health emergencies, some jurisdictions treat deliberate spitting with greater severity due to the risk of disease transmission.
Can You Press Charges for Being Spat On?
Yes. If someone spits on you in Maryland or Virginia, you can report it to law enforcement and the prosecutor’s office can charge the person with assault and battery. Whether charges are pursued depends on the evidence available, the circumstances, and the prosecutor’s discretion.
You may also have grounds for a civil lawsuit against the person who spat on you, seeking compensation for emotional distress, humiliation, and any medical costs, such as testing for communicable diseases.
Defenses Against Spitting Assault Charges
If you have been charged with assault for spitting, there are several defenses an attorney may be able to raise depending on the facts of your case:
Lack of intent: If the contact was accidental, such as coughing or sneezing, the intent element required for assault may not be met.
Insufficient evidence: If there are no witnesses and no video footage, the prosecution may struggle to prove the incident occurred as alleged.
Self-defense: In rare circumstances, if the act occurred as an immediate response to a threat, self-defense may be arguable, though this is a difficult defense to establish for spitting specifically.
Misidentification: If there is any question about whether the right person was charged, this can be challenged.
What to Do If You Are Charged
Do not speak to police without an attorney present. Assault charges in Maryland and Virginia, even misdemeanor charges, can result in jail time, fines, and a criminal record that shows up on background checks for employment and housing. The sooner you have legal representation, the better your chances of a favorable outcome.
Frequently Asked Questions
In most cases no. Spitting on someone is typically charged as second-degree assault, which is a misdemeanor in Maryland. However, if the victim is a law enforcement officer or the spitter has a known communicable disease, felony charges are possible.
Yes. Simple assault and battery in Virginia is a Class 1 misdemeanor carrying up to 12 months in jail. If the victim is a law enforcement officer, it becomes a Class 6 felony with up to 5 years in prison.
There is no minimum evidence requirement, but prosecutors generally look for witness statements, video footage, or other corroborating evidence. Your report to law enforcement starts the process.
Technically it is battery, the intentional offensive physical contact. However, in Maryland and Virginia, assault and battery are charged as a single offense, so the distinction has limited practical impact on the charges you face.
Yes. In addition to criminal charges, you can pursue a civil lawsuit for assault and battery seeking damages for emotional distress, humiliation, and related costs. Consult an attorney to evaluate whether a civil claim makes sense in your situation.
Charged With Assault in Maryland or Virginia? Call KGO.
A spitting charge may sound minor but the consequences are real. Jail time, fines, and a permanent record can follow you for years. At Krum, Gergely & Oates, our Maryland and Virginia criminal defense attorneys have handled assault cases across Montgomery County, Prince George’s County, Fairfax, and Arlington. We offer free consultations. Call (301) 840-0080 or (703) 988-3711 today.
