Does pushing someone off of you constitute simple assault?

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Does pushing someone off of you constitute simple assault?

If a teacher puts his hands on a 16 year old students shoulders in an aggressive

manner and that student pushes the teachers arm off, is this assault by contact The teacher made a written statement that the student physically pushed him up

against a wall. Video proves the student only pushed his arm away or maybe even just pulled away but the video is not very clear, except that he definitely did

not push anyone up against a wall.

Asked on October 1, 2018 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Under your state's (Texas) Penal Code §22.01, simple assault includes if you intentionally cause physical contact with another person that you know is provocative or offensive. Pushing someone away could certainly be simple assult, since that is procative or offensive physical contact.


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