Can I punch someone who threw water on me and not go to jail or be charged ?

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Can I punch someone who threw water on me and not go to jail or be charged ?

Someone threw water on me I punched them in the face can I press charges and not go to jail or be charge

Asked on May 31, 2016 under Criminal Law, South Carolina

Answers:

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

Answered 4 years ago | Contributor

Although you could claim assault and battery against the person who threw water on you, that would be a weak case.
You will be charged with assault and battery for punching the person in the face because that was excessive force and retaliation.  Your action was not to stop an attack as any perceived danger from having water thrown on you had passed.  Whether or not you will go to jail will be up to the discretion of the judge.  Most likely, you will just receive community service and/or a fine.


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