Orange County Criminal Defense

A New Type of Assault

March 24, 2021

Fred Thiagarajah

As the new highly infectious disease swept across the world, it was very quickly realized that Covid-19 can be quickly transmitted among people through respiratory droplets that occur when coughing, sneezing, or even talking. With the very serious and potentially fatal repercussions Covid-19 can cause, intentionally coughing or sneezing on someone can lead to criminal charges now. There have been numerous cases all across the country over the past year that have led to criminal charges being filed against someone who has deliberately coughed or transmitted bodily fluids to harass or scare someone into thinking they will contract the virus.

During a protest in Virginia back in November 2020, a man was caught on video without a mask purposely blowing in the protestor’s faces. He was charged with misdemeanor assault and was facing a one-year jail sentence and a $2500 fine. After negotiations, the case was settled, with the defendant ordered to make a $3000 donation to the National Association for the Advancement of Colored People, which was suggested by the two victims of this case. Covid-19 can be used as a biological weapon. With the amount of damage it can have on an individual’s health, it can possibly be a deadly weapon. The charges that are filed against defendants who threaten to harm another with the transmission of Covid-19 vary by state and counties, some charges going extreme as terroristic threats or domestic terrorism. The defendant that breathed on the victims got off pretty easy with only having to make a $3000 donation, however, there are many circumstances that could lead to very serious charges.

If you are facing an assault charge, whether it’s Covid-19 related or not, choosing the right lawyer who’s knowledgeable in that field is one of the most important decisions you can make. To learn about the legality of assault in general, click here.


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