Can I be arrested for this?

I threw a glass bottle and it landed 20 ft away from someone. The person didn’t even have to move for the bottle to miss them.

Asked on September 5, 2018 under Criminal Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you can be charged with "assault". Assault does not require actual touching; it can be the treat of harmful physical contact. So if the other person involved had a reasonable fear or apprhension of being hurt, an assault was committed. You should note that "battery" is the crime or tort of unconsented physical contact with another; this is true even when the contact is not violent but merely menacing or offensive.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can be charged with assault even though the bottle did not strike the person.
Assault is intentionally placing another person in reasonable apprehension of an immediate battery.  
If the person was in reasonable apprehension (fear) of being hit by the bottle, you are liable for assault.  You are not liable for battery because the bottle missed and there wasn't any physical contact.
If the person pursues criminal charges for assault, you could be arrested

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