Can you be charged with assault for pushing someone?

Can you be charged with assault for pushing someone?

If you are wondering if a simple push can bring you assault charges, well, the answer is yes. In legal terms, assault covers a broad spectrum, ranging from minor physical contact to actions resulting in serious bodily harm. In the context of assault charges, the focus is not solely on the extent of the harm inflicted but rather on the intention behind the act. Even a seemingly insignificant action, when performed with intent, can lead to legal consequences. Let’s explore more into the possible outcomes of pushing someone and understand the legal implications associated with such actions.

What constitutes assault in Canada?

In Canada, assault is a criminal offence with varying degrees of specificity and severity. The legal definition, outlined in Section 265 (1) of the Canadian Criminal Code, states that a person commits an assault when applying force intentionally to another person without their consent. This forceful act can be direct or indirect, ranging from physical acts to mere threats or gestures. The use or display of a weapon, real or imitation, in accosting or impeding another person also falls under the purview of assault. 

Notably, the legitimacy of the threat and the absence of physical harm do not exempt an act from being considered assault. This broad definition encompasses both actual acts of force and the threat of force.

What is simple assault?

Simple assault generally occurs when force is intentionally applied to another person without their consent. This category of assault typically involves minor injuries or no injuries at all. The severity of charges can vary, with the potential for a maximum jail sentence of six months for summary conviction or up to five years for indictment in cases of common or simple assault.

Can I still be charged if we agreed to fight?

The legal implications of a consensual fight depend on various factors. While an application of force arising from a consensual fight might not be considered assault, serious injuries can complicate matters. Consent is not a valid defence if bodily harm occurs during the altercation. The law stipulates that the defence of consent applies only if the assault doesn’t cause bodily harm.

What if I pushed someone out of self-defence?

The legal system recognizes the right to self-defence in certain situations. If you push someone out of self-defence—responding to illegal force or a threat of illegal force—it may be considered lawful. However, the reasonableness of your actions will be evaluated, considering factors such as the type of force used, the immediacy of the threat, and the presence of alternative options for self-preservation. 

In cases of self-defence, your actions must align with the principle of reasonable force. If your actions are deemed reasonable in the given situation, self-defence may serve as a valid legal justification.

How can Shory Law LLP help?

Facing assault charges can be a daunting experience, and that’s where Shory Law LLP steps in to offer professional guidance. Our team of criminal defence lawyers will communicate with the Police, the Crown, and the Court on your behalf to ensure the best resolution of your case. If you find yourself charged with assault or have legal concerns related to such matters, Shory Law LLP is here to help. We provide free consultations, so feel free to contact us at (403) 216-1199

Leave a Reply

Your email address will not be published. Required fields are marked *