Legal Question in Criminal Law in Washington

Re: degree of asault

If the facts support the charge, it would be Assault in the 4th Degree (Simple Assault), which is a gross misdemeanor punishable by a maximum penalty of 1 year and/or $5,000. Some municipal criminal codes classify simple assault as a misdemeanor with penalties of not more than 90 days and a fine of not more than $1,000.

(Under certain circumstances, spitting could lead to more serious charges, e.g. a person infected with HIV who spits blood or bodily fluid carrying the virus with intent to infect another person.)