Can an adult be charged with anything if a 16 to 17 year old attacks them but the adult can’t get to an exit, so pushed the minor away to avoid getting hurt?

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Can an adult be charged with anything if a 16 to 17 year old attacks them but the adult can’t get to an exit, so pushed the minor away to avoid getting hurt?

Asked on May 14, 2014 under Criminal Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, the adult can be charged with assault, since any unconsented or unwanted contact, including a push, can be assault. If charged, the adult could raise self-defense as a defense to the charge: could claim and try to show he/she was attacked first and only pushed to defend him/herself. Self-defense though, is a *defense*--that is, it is something you raise after being charged; it does not necessarily prevent you from being charged in the first place, though in a situation like the one you describe, the prosecutor may choose to not bring charges.


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