Hypothetical question here?

Question

if i spit on someone (in the face) and this person tries to attack me but i end up beating him up in the end..... can i still get sued or arrested even though he attacked me first

Answer 1

Spitting on someone is battery. You attacked him first.

Answer 2

He did not attack you first, you attacked him. He has the right to protect him self. Use common sense!!!

Answer 3

No, because spitting on someone would be considered provoking the other.  I have cut and pasted the law covering provoked assaults from Arizona.

13-404. Justification; self-defense

A. Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force.

B. The threat or use of physical force against another is not justified:

1. In response to verbal provocation alone; or

2. To resist an arrest that the person knows or should know is being made by a peace officer or by a person acting in a peace officer's presence and at his direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law; or

*****3. If the person provoked the other's use or attempted use of unlawful physical force, unless:*****

(a) The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and

(b) The other nevertheless continues or attempts to use unlawful physical force against the person.

http://www.azleg.state.az.us/FormatDocum...

So, in Arizona, if you spit on someone and then they started hitting you and you then hit back, you would not be justified.  However, if you spit on someone, then apologized and tried to leave, got in your car and they kept coming after you.  Blocked your vehicle, started breaking windows and then you got out and fought him, you would probably be justified.  As you tried to leave and the other guy wouldn't let you.

Answer 4

Being hypothetical here, person X spit on person Y, so person X started the whole action movie here. If person X also wins the fight, not only did person X spit on this poor person Y, but person X also beat up person Y. That's a double whammy.

In a scenario like this one, person Y has the right to file a lawsuit against person X, for aggravated assult, battery, emotional damage, if person X's spit caused damage to property such as dirtying the dress person Y was wearing then that will come into play too.

Oh well, I hope person X and pesron Y make peace of this and live happily ever after....hypotehtically speaking of course.

Answer 5

You provoked it. You are the instigator.

Answer 6

SO YOU spit on someone's face- therefore you get a retaliatory response like what you told us an attack by the person and beat you up into pulp but as you defense you also beat the h**l out of him, now your question- can you be sued by the other guy-it depends if he beat you by using karate moves you didn't know he learns some tricks in the karate school and beat you up he will not press charges, and most like if he and you fought like wild animals in one corner of the street either one of you wouldn't press charges what for?