Is splashing a drink on someone (on purpose) considered assault?

Question

I know a guy who was visiting some friends in his college town. An old, uh, "acquaintance" was walking by on the sidewalk. This person was a bitter bully who hated my friend. My friend never understood the hatred but three years later this guy still had it.

He nonchalantly took the lid off his soda in a cup and splashed it all over my friend. There was some shouting and threat of a fight but my friend just walked away, understandably kind of furious.

I also know someone who had a beer poured over his head at a bar, by a big mean townie who wanted nothing else but to start a fight.

Is this grounds for calling the cops? If not assault, does it qualify as harassment of some kind?

Answer 1

it is assault regardless of gender. even if you "touch" a person and they fall, then it becomes premeditated assault and battery.

Answer 2

It is probably not criminal assault and more likely then not, there is nothing the police can or will do.  However, it is probably civil battery.  Your friend should talk to an attorney in his/her area.

Answer 3

I can say for sure that this is not grounds for calling police. It is not assault either. However, it may be considered harassment.

You may never know unless your friend consults a lawyer.

Choose your friends wisely!

Answer 4

Various legislators, despite most of them being lawyers, have a habit of misnaming laws on the subject. If the language in the law is correct, it shouldn't be assault but would better be classified as battery.

Answer 5

Yes but just know if you call the cops on a woman for tossing a drink at you.  Believe the cops will know that you said something or did something to offend this woman.  This will end two ways if they take her with them.  They'll either treat you like a punk or they'll take to harassing you for any drinking under the age, driving under the influence, or drugs or paraphenalia that you may have.  Why rock the boat over something little.

Answer 6

Not if you're a woman doing it to a man, usually, as they're often considered above the law.

A woman did that to me at a show in Las Vegas once, simply because I was sitting there alone and she had contempt for me. Security did pick her up with her butt in the air and carried her out, though (while she was banging on his back).

Answer 7

This probably varies from state to state, but in Florida it is considered an act of aggression which justifies self-defense.

Answer 8

It could be considered battery, but at minimum would fall into the catch-all category of "disorderly conduct".  

You can call the police and file a report it, and depending on where you live, may or may not do anything further if person that did it is no longer in the area as the imminent threat is over.   The other person could easily explain away the splash as an "accident" and that it was a misunderstanding, but having a control number on file if this person would do anything in the future that might go further would not be a bad idea.  (Having someone pour something over your head is much more clear cut - it shows intent - usually all you would have to do is report it to security/a bouncer and they would kick that person out of the bar for night, if not permanently).

If you knew the person, you could send them a demand letter for your drycleaning bill and if they didn't pay, sue them in Small Claims Court, but you would need to prove your case by the preponderance of the evidence - which you might not be able to do.  Even if you win, collecting a Judgment is an entirely different issue and it may only aggravate the situation.