Is throwing wine in someones face considered assault?

UPDATED: Oct 1, 2022

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Is throwing wine in someones face considered assault?

Just wondering if throwing wine in someones
face, verbally threatening them and threatening
them with a wine bottle would be considered
assault? If so is there a statue of limitations?
Also just a note we did not file a police report at
the time because it was a family member but
there were a ton of witnesses.

Asked on October 30, 2018 under Criminal Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Under the laws of your state, that would not be considered assault. Under the Ohio Revised Code (laws of Ohio), Section 209.13, it is assault if you intentionally ("knowingly") attempt to cause harm. A threat, whether verbal or with a wine bottle, is to not to attempt to actuallly cause harm; and throwing wine in their face is also not an attempt to cause harm. (Thowing a wine glass however would likely be assault if thrown at another person; a person can easily be harmed by a thrown glass.)

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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