Throwing water on someone may constitute assault under the criminal law of Tennessee. The act of throwing water on someone could be considered by the victim as merely innocuous, or harmless, activity. However, the victim (or a law enforcement official) might consider the act of throwing water on someone as a very offensive or provocative act within the meaning of Tennessee’s simple assault law. Thus, the act of throwing water on someone potentially could qualify as an assault.
The general Tennessee law for assault, codified at Tenn. Code Ann. §39-13-101, defines assault as follows:
(a) A person commits the crime of assault who:
(1) Intentionally, knowingly or recklessly causes bodily injury to another;
(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.
The act of throwing water on someone is a form of physical contact within the meaning of the law. Thus, the key question is whether the act of throwing the water qualifies as “extremely offensive” or “provocative” within the meaning of Tennessee law. It may depend on how the victim feels about the situation.
What is clear is that assault charges are serious and you could face both a significant fine and even jail time if convicted. If you face criminal charges of assault, immediately contact experienced criminal defense attorney Philip Clark at PNC Law. Philip Clark will fight for your rights and defend you from the assault charges.