Is it assault if someone throws a beer in your face?

UPDATED: Oct 1, 2022

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Is it assault if someone throws a beer in your face?

A bartender politely asked a customer to leave her bar because he was bothering several other customers. When she asked him to leave

he threw a full glass of beer in her face from less than a foot away. Is that considered assault?

Asked on January 9, 2018 under Criminal Law, New York


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

Answered 5 years ago | Contributor

This is assault and battery.
Assault is intentionally placing another person in reasonable apprehension of an immediate battery without consent or legal privilege. 
Battery is the actual physical contact.  Battery is the harmful or offensive touching of another person without consent or legal privilege.
Assault and battery are both civil (lawsuit) and criminal.  The civil and criminal cases are separate and proceed independently of each other.

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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