Is Throwing A Drink In Someone's Face An Assault? Justin Demerath
Q.
Is the throwing the contents of a glass, but not the glass itself, into a person's face considered an assault?
-- Michele
A.
Your answer in this case depends on the type of court you are asking about. Civil courts and Criminal Courts differ in their analysis. When recovering personal injury damages, traditionally assault requires actual physical injury, or severe mental anguish. However, battery could be proven whenever there was an offensive touching, even without injury. Offensive touching would include getting a drink thrown in your face.
The state of Texas (where I practice) has renamed battery as assault by offensive physical conduct, but the idea is the same. The measure of damages that can be recovered for such a case include actual damages for mental anguish, without any showing of physical injury. A plaintiff may also recover exemplary (i.e., punitive damages), interest, and court costs and attorney's fees.
