Quote:
Originally Posted by Tequilabomb
really? grabbing her shoulder is considered assault? i mean i know i did apply some pressure otherwise i couldnt stop her from leaving. Does that mean in canada women are completely untouchable in the eyes of the law? wow
She punched me after, i did push her away. But not excessive like the ones you see in movie, where a guy pushes the girl and she go bounces off the wall and hit the floor. No absolutely nothing like that, more like a shove. Well she was punching me so i think a shove is pretty reasonable?
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You have no right to stop her from leaving, period. that's why it was assault
Quote:
265. (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
....
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source:
http://www.lawyers.ca/statutes/crimi...da_assault.htm
legally what you did is assault, even though you did not punch her or anything like that
but as stated before I'm sure you will not face any jail time, especially since this isn't a huge deal and IMO there is no need to clog up the court for a minor incident especially since both parties involved feel that they blew things out of proportion BUT that being said its up to Crown Counsel to decide what to do...you having no past criminal record, and a solid job(?) will help your case,
...another thing to consider is your girlfriend testifying in your favor, that she blew everything out of proportion, and this has never happened before, you two haven't fought since, blah blah blah should also help
but unfortunately you are going to have to get a lawyer since you are fighting a criminal code conviction(don't have to go get some big guns though), that being said it may not even go to court per se, because of the above reasons
p.s. Criminology ftw
