You can if you don’t intend to hurt them by doing so, and can convince a jury of that.

I think any time charges are over something so entirely lacking in even plausible potential (let alone actual) harm that each individual juror has suffered far, far more harm by being called to serve on the case, yeah, there's a good chance the prosecutor's going to be told by those same jurors to go fuck themselves.

This never should have been anything more than something in roughly the same legal realm as a parking ticket, for that if no other reason. Instead, probably a thousand-plus person hours and god knows how much money were wasted to use the process itself as punishment... over a thrown sandwich.