Is Spitting on Someone Considered Assault in Texas?

 Posted on July 22, 2025 in Criminal Defense

We generally associate the term "assault" with some form of physical violence, like hitting, kicking, or shoving. However, under Texas law (Texas Penal Code Title 5, 22.01), assault does not always require actual physical contact. In some cases, something as seemingly minor (albeit disgusting) as spitting on someone can result in criminal charges of assault.

Even though it is not likely to cause physical injury, spitting on someone is seen as an offensive and intentional act that can qualify as assault. In some instances, it can lead to even more serious charges. It is important to understand how the state of Texas defines assault, when spitting on someone can cross a legal line, and the penalties you could face.  

If you are accused of assault, even for something like spitting at another person, you must take the charges seriously and speak to a knowledgeable Weatherford, TX criminal defense attorney. Avoiding a conviction is essential since an assault conviction can potentially impact your ability to obtain employment, housing, a professional license, or a federal loan to attend college.

How Texas Defines Assault

Assault can certainly include causing bodily injury, but it also includes threatening bodily injury and causing physical contact that is considered offensive or provocative. Most people would view the act of spitting as a form of contempt; additionally, if the spitter has an infectious disease (such as hepatitis, TB, or COVID-19), that disease could be transmitted through saliva. And even though the spitter did not actually touch the victim, spitting is classified as "offensive or provocative physical contact." No injury is required under the statute; only the intent to offend or provoke is necessary.

Man Receives 70 Years in Prison for Spitting on Police

Anyone who is still unconvinced that spitting is assault should consider a Lubbock, TX case from May 2022. A 36-year-old man was arrested following a domestic violence incident. After being placed in the police car, the man became agitated, kicked at the police car doors, and then spat at two officers when they attempted to intervene. The man was charged and convicted of two counts of harassment of a public servant, a third-degree felony. The prosecutor in the case argued for a sentence that would "send a message," and the man was sentenced to 70 years in prison.  

What Are the Penalties for Spitting on Someone?

If the defendant is charged with basic assault, it is a Class C misdemeanor. Class C misdemeanors in the state are punishable by a fine of up to $500. While jail is not usually associated with a Class C misdemeanor, repeat offenses could result in jail time. Other consequences may include community service, probation, or educational programs, as well as a criminal record, which can have a detrimental impact on future employment opportunities.

A Class C misdemeanor charge for spitting can be upgraded to a Class A misdemeanor or even a felony charge if the victim is a public servant or the act is considered aggravated assault. A Class A misdemeanor conviction is punishable by up to one year in jail, fines up to $4,000, and the potential of community service, probation, or educational programs.

Are There Defenses to the Crime of Spitting at Someone?

The exact defense will depend on the facts and circumstances surrounding the offense and the arrest, but some potential defenses include:

• The defendant lacked intent to provoke or offend.
• The act was not purposeful; it was accidental and not directed at the victim.
• The defendant was misidentified or falsely accused.
• The police made errors during the arrest, or the defendant’s constitutional rights were denied.

Contact a Parker County, TX Criminal Defense Lawyer

If you are facing criminal charges regarding a spitting incident (or other type of assault), you need immediate legal assistance. A Weatherford, TX criminal defense attorney from Soraya Joslin, P.C. will immediately begin building a strong defense on your behalf.

Attorney Joslin served as an ADA for several years, which provided her with a comprehensive understanding of how the criminal justice system operates from both sides of the law. She has nearly three decades of experience in criminal defense. Call 817-599-7005 to schedule your free consultation.