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Flagbridge-CL, Consultant
Category: Criminal Law
Satisfied Customers: 4618
Experience:  Honors Law Graduate, Passed New York Bar, Senior Legal Consultant
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Is throwing cold coffee at an individual (after an insult and

Customer Question

Is throwing cold coffee at an individual (after an insult and being goaded into throwing it) sufficient to constitute "Assault with a weapon" as I have been threatened would be the countersuit if I sue for having been blind-sided with a punch to the side of my face as I turned away. I went to the doctor's office immediately to be seen; my condition isn't serious but it's painful. I want to teach a violent man a lesson once and for all.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Flagbridge-CL replied 8 years ago.
Throwing the coffee is an Assault. From a civil perspective it does not matter if it is defined as a weapon or not. It is still the unlawful application of force onto another.

If the person "goaded you" literally by saying "throw it", you may well have a defense of consent, and therefore it is lawful.

If after the throw, you turned to go away and then had been punched WHILE you left, they can not argue self defense, as you had been leaving.

However damages are usually only actual. If you suffered no financial loss then you may not be awarded anything. In addition you maybe deemed a contributing party to the entire situation.

A lawsuit may be of little or no value to you.
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Customer: replied 8 years ago.
He did indeed say "Go ahead! Throw it!" and, obviously, as he said that he was already planning to punch me the moment which I did; I didn't even see the punch coming as I turned to walk away; I didn't even know that I had been hit before I was already falling from its impact.
Expert:  Flagbridge-CL replied 8 years ago.
I do not see any significant or positive recourse from a lawsuit.

Again this is because of the lack of loss, and the potential argument of consent etc.

Customer: replied 8 years ago.
Understood. Thanks again for all your help.