is throwing alcohol is someones face assault?

Question Details: a man had a bottle of vodka and threw some in my face causing my eyes to burn while i was in a car then proceeded to threaten me. is this assault?

Asked 9/26/2009 under Criminal Defense | 199 View(s) | More Legal Topics

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Zadik Shapiro / Law Offices of C. Zadik Shapiro Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California
Depending upon the nature of the threat the man may have committed a criminal threat. A threat crime is actually a much more serious crime than a battery or an assault.

Actually, it's battery.  It doesn't matter whether it's the offender's person, or some object that the offender sets in motion, it's still a "willful and unlawful use of force or violence upon the person of another," as the offense is defined in Cal. Penal Code sec. 242.  At least in theory, the man could be prosecuted for this.

It's also a civil battery, an intentional tort for which you could sue for damages.

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