Can you be arrested if you threw a bottle in someone’s direction but it didn’t come near to hitting them?

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Can you be arrested if you threw a bottle in someone’s direction but it didn’t come near to hitting them?

It landed about 10-15 feet away.

Asked on November 3, 2018 under Criminal Law, Massachusetts

Answers:

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

Answered 2 years ago | Contributor

Yes, you can be charged. The crime would be assault with assault which does not require actual touching; it can be the threat of harmful physical contact. Accordingly, if the person who you threw the bottle at had a reasonable fear of being hurt, then an assault was committed (battery is the crime or unconsented physical contact with another, which is not applicable here).


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