Is putting your hand and arm in another persons vehicle and flipping them off in their face considered assault?

UPDATED: Oct 1, 2022

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Is putting your hand and arm in another persons vehicle and flipping them off in their face considered assault?

My 17 year old threw his tea at another
persons car in a fit of road rage. Just the liquid
but still a class 4/6 felony, I know. The owner
of that car got out and shoved her hand and
finger in his face through his car window while
flipping him off. He pushed her hand and arm
out of his face and window and she then filed
assault and battery charges. Can he file the
same charges or any charges against her for
her actions? Im hoping to get the second
charge dropped. This occurred in Colonial
Heights Virginia 6 days ago. The woman
called the police after my son had already left
so he wasnt there to give his side of the story.
They showed up at my doorstep today.

Asked on January 23, 2019 under Criminal Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, under your state's statutes or laws, it has to be either an actual harmful or offensive touching, or an attempt at a harmful or offensive touching. But a non-contact rude gesture, even if done through a window at someone, is not a crime.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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