Can pushing someone be considered assault? It depends on the circumstances. Did you push them in self-defence? Was the person you pushed a child or a senior citizen? Were any injuries suffered?
Pushing, shoving, or grabbing someone can indeed be considered assault in Alberta. Still, the specifics of each situation determine whether you will face charges and how the incident is treated legally.
Definition of Assault in Alberta
Let’s start with a definition. In Alberta, as in the rest of Canada, assault is defined under Section 265 of the Criminal Code. According to this definition, a person commits assault when:
- They intentionally apply force to another person, directly or indirectly, without their consent.
- They attempt or threaten to apply force to another person, causing that person to believe they can carry out the threat reasonably.
- While openly carrying a weapon or imitation weapon, they accost, impede, or beg from another person.
Even if the person was uninjured, your actions could still be considered assault based on the following factors:
- Intent: Was your push accidental or intentional? Accidental contact is generally not considered assault.
- Force: How much force did you use? Was it a gentle nudge or a forceful shove? Each would be treated differently. The concept of “de minimis” in Canadian law suggests that an act is only a crime if it rises above some minimal level. So, for instance, a very gentle push might be viewed as too trivial to warrant criminal charges
- Context: What were the circumstances surrounding the push? Did you do it in self-defence, during an argument, or were you unprovoked? What is your physical stature relative to the complainant?
- Consent: In the case of specific sports or consensual roughhousing, such as a hockey game, pushing might not be considered assault since there’s implied consent.
- Resulting harm: Did the push hurt someone or put them in danger of being hurt?
What is Simple Assault?
A simple assault occurs when you intentionally apply force to another person without their consent. In most cases, this category of assault involves minor injuries or no injuries at all. How severe the charges might be varies. Keep in mind, though, that there is the potential for severe consequences if you are charged and convicted of common assault for pushing someone. This includes your spouse or other family members in cases of domestic assault. The offences can include:
- Summary Conviction: Up to two years less a day in jail and a $5,000 fine.
- Indictable Offense: Up to five years in prison. However, for first-time offenders or in less severe cases, alternatives to jail time are often considered, such as probation, fines, or conditional sentences
Super-summary and hybrid offences can result in lower maximum penalties. In general, even for simple assault cases, you need the skilled legal guidance of an experienced criminal defence lawyer.
What if I Pushed Someone Out of Self-Defence?
Sometimes, you might be in a situation where you push someone in self-defence. For example, you might respond to someone aggressively yelling at you from just inches away or even a physical attack. In such cases, the Canadian legal system recognizes your right to defend yourself, but will evaluate how reasonable your actions were in a given situation. Some factors to be considered include the following:
- How immediate was the threat?
- What type of force did you use?
- What other options did you have for protecting yourself?
The critical issue in cases of self-defence is whether your actions are considered reasonable in a particular situation. Did you react appropriately based on the level of the threat you perceived? If so, your lawyer can use self-defence as a valid legal justification for your actions.
If a push is deemed severe enough to warrant charges, it would most likely fall under the category of “common assault” or “simple assault.” As mentioned earlier, this is the least severe form of assault charge in Canada. More serious forms include assault causing bodily harm, assault with a weapon, and aggravated assault.
Legal Defenses
If you are charged with assault in Alberta for pushing someone, you have a number of potential legal defences:
- Self-defence: The push was necessary to protect yourself from harm.
- Consent: The other person consented to the physical contact, e.g., in a contest of strength.
- Accident: The push was unintentional.
- De minimis: The push was too trivial to warrant criminal charges.
While pushing someone can technically be considered assault in Alberta, whether charges are pressed and how they’re treated depends heavily on the specific circumstances. Minor incidents may be treated as trivial and not worthy of prosecuting, while more severe cases could result in criminal charges.
A number of factors can influence the severity of the sentence if you are convicted of simple assault for pushing someone:
- Your criminal history (if any)
- The circumstances of the incident
- How much force you used
- Any injuries sustained by the victim
- The impact on the victim
- Your level of remorse
Protect your rights and your future
If you find yourself in a situation where you’ve pushed someone and been accused of assault, you need to seek legal advice promptly. An experienced criminal defence lawyer can help navigate the complexities of assault laws in Alberta and work towards the best possible outcome for your case. Contact Bulwark Law today online or at 403-678-7360