Is throwing a soda pop on someone considered assault?

Asked on October 15, 2013 under Criminal Law, Kentucky


Brook Miscoski / Hurr Law Office PC

Answered 7 years ago | Contributor

The common law tort of assault is commited when the victim fears an imminent harmful or offensive contact.

In english, if what a person is threatening to do is going to cause damage, or if it would be considered offensive, that person could be liable for assault.

So, yes, throwing a soda pop at someone can be an assault, because reasonable people would find that offensive, and would also be battery if the thrower's aim is good enough.

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