Is it assault if someone throws a beer in your face?

A bartender politely asked a customer to leave her bar because he was bothering several other customers. When she asked him to leave

he threw a full glass of beer in her face from less than a foot away. Is that considered assault?

Asked on January 9, 2018 under Criminal Law, New York


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

Answered 3 years ago | Contributor

This is assault and battery.
Assault is intentionally placing another person in reasonable apprehension of an immediate battery without consent or legal privilege. 
Battery is the actual physical contact.  Battery is the harmful or offensive touching of another person without consent or legal privilege.
Assault and battery are both civil (lawsuit) and criminal.  The civil and criminal cases are separate and proceed independently of each other.

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