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  1. #1
    Join Date
    Apr 2009
    Posts
    2

    Default Spitting in Someone's Face

    My question involves criminal law for the state of: NJ

    Background info: college pharmacy student, 21 years old

    About a week ago, I drank too much alcohol and ended up becoming extremely belligerent. I ended up falling and hitting my head and my friends tried to grab hold of me and get me under control. Ambulance and police were called by an observer and when they arrived, they ended having to pin me down and I was resisting. Once I got to the hospital, I still needed to be restrained and during this time, I supposedly spit in a hospital security guard's face. I don't remember any of this, but I remember bits where emt's that were holding me down and saying that I spit in someone's face and they were going to press charges. I do not know if there was blood in the spit or not. However, I know that I am HIV negative.

    I received something in the mail at home today from the town's municipal court. I won't be able to open it up until this weekend, but I'm extremely nervous that my life is over. I asked a few friends and they said this would be considered a misdemeanor. Is that right? I'm currently a pharmacy student, so would this be put on a criminal record that would basically end my career in pharmacy? I've never done any drugs and previously a clean record. I really don't know what to do, and I feel like this one mistake is going to end me.

  2. #2

    Default Re: Spitting in Someone's Face

    Without knowing WHAT it says, there's no point to speculating; it could litterally be anything from civil lawsuit filed against you to a notice to appear in criminal court, to an invitation to the inaguration of your county's newest judge to take a seat on the bench. Open it, and get back to us.

    When someone is taken to the hospital, criminal charges usually aren't filed immediately. If you are in custody at the time of receipt of services, the city or county gets to pay the bill and that really pisses off tax payers. So they wait until you are discharged and THEN the fun starts. If they decide to charge you with criminal offenses, you could be looking at any combination of things like drunk/disorderly in public, resisting arrest with violence, battery on a law enforcement officer or EMT if you thwacked anyone in the process, and aggrevated assault, either under:

    2C:12-13 Throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentence.

    2.A person who throws a bodily fluid at a Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, probation officer, any sheriff, undersheriff or sheriff's officer or any municipal, county or State law enforcement officer while in the performance of his duties or otherwise purposely subjects such employee to contact with a bodily fluid commits an aggravated assault. If the victim suffers bodily injury, this shall be a crime of the third degree. Otherwise, this shall be a crime of the fourth degree. A term of imprisonment imposed for this offense shall run consecutively to any term of imprisonment currently being served and to any other term imposed for another offense committed at the time of the assault. (cut here since the rest applies to juveniles)


    Or under 2C:12-1 Assault which provides this factor be applied when assault is committed against:

    (c)Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services;
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

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  3. #3
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Spitting in Someone's Face

    Each state is pretty similar in this regard. As a medic, I get hit, spit upon, and attacked by intoxicated and belligerent individuals about once a month. I have no problem pressing charges, and have seen quite a few convicted of felony battery charges.

  4. #4
    Join Date
    Apr 2009
    Posts
    2

    Default Re: Spitting in Someone's Face

    Hi, so I opened the letter today, and found out it was a "2C:12-1A(1)" charge. I should definitely get a lawyer correct? and is this a charge that would appear on my criminal record? Should I just drop out of pharmacy school now?

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