Can someone be arrested for touching someones ear??

Asked almost 4 years ago - Norfolk, VA

person A was at a store and thought they saw someone that they knew so they went up behind person B and rubbed the top of B's ear with their thumb and index finger, person B turned around and turned out not to be the person that A thought they knew, so person A apologized and explained that they thought B was someone else, person B replied that what A did mad ethem very uncomfortable so person A apologized again and said the thought it was someone they knew. So 5 days later cops show up at person A's home and arrest person A for assault, is that possible? can person A actually be charged for that?

Attorney answers (3)

  1. Luke Joseph Nichols

    Pro

    Contributor Level 12

    1

    Lawyer agrees

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    Answered . You cannot be convicted unless the government can prove that the harmful or offensive touching was intentional. What you described was a mistake and lacks the requisite intent. However, if person A has been charged then obviously the police and at least one judge (the magistrate) did not believe it was a mistake or they are not familar with the more subtle parts of assault and battery law.

    Person A needs to hire a really good attorney to prove the lack of intent and who is really familiar with assault and battery law in Virginia (which is complicated).

    If you have any questions give me a call.

    Luke J. Nichols
    Spectrum Legal Defense
    703-383-9222
    lnichols@spectrum-legal.com
    www.spectrum-legal.com

  2. Robert C. T. Reed

    Contributor Level 11

    Answered . Yes, person A can be charged for assault and battery. Assault is the placing of another in apprehension of immediate offensive touching, or attempted battery. Battery is the unlawful application of force resulting in bodily injury or offensive touching. Generally any unwanted contact, regardless of the amount of force, can be considered offensive touching. Assault and battery is a misdemeanor.

    Best of Luck,

    Robert C. T. Reed

    www.oldtownlawyer.com

    Disclaimer: This response is offered for educational and guidance purposes. It is not to be relied upon as legal advice. My having addressed your question has not created an attorney-client relationship between us. You should consult an attorney licensed in your state for more specific advice and information.

  3. Mitchell Paul Goldstein

    Contributor Level 20

    Answered . The mistake has to be in the act itself and not the identity of the person. Technically, this was a battery. However, if you can show the circumstances and that your actions were not offensive (or that this was an honest mistake and the action was not that offensive to the reasonably prudent person), you may just get a warning.

    Next time, be absolutely certain of the person's identity before doing anything.

    [This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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