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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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Customer Question

What are the laws in New Jersey when you spit on someone? Is it a crime? If so what would you be charged with and what would be the penalty,fines ect.? Is it a state law? If not,what would be the charge,possible sentence or fine in Haddon Heights New Jersey 08035?Thank you.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 4 years ago.
Hi and thank you for using JustAnswer!

The facts you've described would be assault and battery.

An assault is an attempt or offer to touch or strike the person of another with unlawful force or violence. A battery necessarily includes a preceding assault and in addition extends to the actual touching or striking of the person, with the intent to do so, with unlawful force or violence.

The terms violence and force mean the same thing when used in relation to assault and battery and include any application of force to the person of the victim even though it entails no pain or bodily harm and leaves no mark. No particular degree of force or violence is necessary for an assault and battery and therefore the least touching or striking of the body of the victim without legal justification against his/her will constitutes an assault and battery.

If you are convicted of simple assault you may be sentenced to serve up to 6 months in jail, be required to perform community services, and be subject to fine of up to $1,000, restitution, and probation.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied and select the Happy Smiley Face.
Customer: replied 4 years ago.
Is it a state law? I called the police station and asked what they would charge the woman with they said harassment. I asked if it was assault.I did this before contacting you. He said assault would be a stretch and he couldn't see a judge finding them guilty.How can I ensure due process? Is it my rite as a victim?
Expert:  JB Umphrey replied 4 years ago.
The person can be charged under state law or local ordinance. Unfortunately, Haddon Heights does not publish their local ordinances online. If you want to review those, you'll have to pay a visit to the city clerk or see if they're on file with the local library.

As the victim, you can contact the court to learn when all the court dates are and show up at all court dates and let the prosecutor know that you are there.

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