Southern Maine Criminal Lawyer BlogIs Pushing Considered Assault?
Yes, pushing someone can legally constitute assault under Maine law. You do not need to throw a punch or cause visible injury. A single shove – if intentional or reckless – is enough to result in criminal charges, arrest, and a permanent record.
Maine defines assault as intentionally, knowingly, or recklessly causing bodily injury or offensive physical contact to another person. The key phrase is “offensive physical contact.” A push that leaves no bruise, no scratch, and no lasting mark still meets this legal standard.
So is pushing someone assault? Under Maine law, the answer is yes – it can be. Consider a common scenario: two people argue outside a bar, and one shoves the other in the chest. No one falls. No one is visibly hurt. A bystander calls the police, and the person who pushed faces an assault charge. In our experience representing clients in Maine district courts, pushing charges often arise from heated arguments where both parties give conflicting accounts of what happened. The officer at the scene makes a judgment call, and that call frequently leads to an arrest.
Whether the act qualifies as a chargeable offense depends on the context and the responding officer’s assessment. The legal threshold is lower than most people think. Even asking whether a push counts as assault suggests the answer might surprise you. It does count, and prosecutors in Maine take these cases seriously.
How Maine Law Defines Assault
Understanding the legal definition helps clarify why a push leads to criminal charges. A person commits assault by:
- Intentionally, knowingly, or recklessly causing bodily injury to another person, OR
- Intentionally, knowingly, or recklessly causing offensive physical contact with another person.
Three mental states can satisfy the statute. “Intentional” means the person acted on purpose. “Knowing” means they were aware their actions would cause the result. “Reckless” means they consciously disregarded a substantial risk. A shove during an argument almost always meets at least one of these standards.
The two prohibited results – bodily injury and offensive physical contact – represent different thresholds. Bodily injury includes pain, physical illness, or impairment of a physical condition. Offensive physical contact is broader. It covers any unwanted touching that a reasonable person would find offensive. A forceful push to the chest qualifies even if the other person walks away unharmed.
Does pushing count as assault if no one gets hurt? Yes. Offensive physical contact does not require proof of injury. This element catches most people off guard.
Simple assault is a Class D misdemeanor in Maine. But if the push causes serious bodily injury – such as a fractured skull from a fall on pavement – the charge can escalate to aggravated assault. That is a Class B felony carrying up to 10 years in prison. The line between a “minor push” and a felony charge depends on what happens after contact. A shove near a staircase, curb, or hard pavement changes the legal picture entirely.
When Pushing Becomes Domestic Violence in Maine
The same push that counts as simple assault in a parking lot triggers a different legal process when it happens in a domestic relationship. Does pushing count as domestic violence? In Maine, yes – when the contact occurs between certain categories of people.
Under domestic violence law, domestic violence applies when the parties are:
- Current or former spouses
- Parents of the same child
- Current or former dating partners
- Family members living in the same household
- Current or former household members
The underlying charge is the same – assault. But the consequences differ significantly from a standard assault case. Maine enforces mandatory arrest policies in domestic violence situations. If police respond to a domestic disturbance and believe a push occurred, they must arrest someone. They do not have discretion to separate the parties and leave.
After a domestic violence arrest, the court issues an automatic no-contact protection order. The defendant also faces firearm prohibitions and a domestic violence designation on their criminal record. Even a single push during an argument between partners can trigger a full domestic violence arrest and prosecution.
Protection Orders After a Pushing Incident
After a domestic violence arrest for pushing, the court typically issues a no-contact order at the defendant’s first appearance. This order prevents the defendant from returning home, contacting the alleged victim by any means, or being near shared children without supervision.
Violating this order is a separate criminal offense under Maine law – even if the alleged victim invites the contact. Many clients do not realize that a text message or phone call can result in a second arrest while the original case is pending.
One common misunderstanding is that the alleged victim controls whether charges move forward. They do not. The state decides whether to prosecute. Even if the other person asks the prosecutor to drop the case, the state can – and often does – proceed with charges based on the evidence gathered at the scene.
Penalties for Assault by Pushing in Maine
The sentencing range depends on the charge classification and the defendant’s criminal history.
Simple Assault (Class D Misdemeanor):
- Up to 364 days in county jail
- Fine up to $2,000
- Probation with conditions
- Permanent criminal record
Aggravated Assault (Class B Felony):
- Up to 10 years in state prison
- Substantial fines
- Felony criminal record
Aggravated assault applies when the push causes serious bodily injury or involves a dangerous weapon. A push that sends someone into traffic or off a ledge could meet this threshold depending on the result.
Domestic Violence Assault Penalties:
A domestic violence assault conviction carries additional consequences beyond the standard sentencing range. These include a permanent firearm ban, potential impact on child custody proceedings, and mandatory batterers’ intervention programs. Even a misdemeanor domestic violence conviction creates lasting consequences that follow a person for life.
First-Time Offender vs. Repeat Offender Consequences
For someone with no criminal history, a first-time pushing charge often opens the door to alternatives. Deferred disposition may be available, where the charge is dismissed after a period of good behavior. A plea to a lesser charge – such as disorderly conduct – may also be negotiable depending on the facts.
Repeat offenders face a much harsher landscape. A subsequent domestic violence assault conviction is elevated to a Class C felony carrying up to five years in prison. Mandatory minimum jail time applies for repeat domestic violence offenders. A prior conviction from years ago – even from another state – changes the calculus dramatically.
The difference between a first offense and a second offense is often the difference between a dismissed charge and a felony conviction with prison time.
Common Defenses Against Assault Charges for Pushing
Several defense strategies may apply depending on the circumstances:
Self-Defense: The push was a reasonable response to an imminent physical threat. For example, someone steps toward you aggressively with a raised fist. You push them back to create distance.
Defense of Others: You pushed someone away to protect a third party from harm. A parent who shoves an aggressive stranger away from their child may raise this defense.
Lack of Intent: The contact was accidental, not purposeful. In a crowded space, a bump or stumble could be misinterpreted as a deliberate push.
Mutual Combat and Provocation: While not a complete defense in Maine, evidence that both parties were engaged in mutual aggression can influence charging decisions and plea negotiations. A prosecutor may reduce charges when both sides share responsibility.
Insufficient Evidence: No independent witnesses, conflicting accounts, and no physical injuries make it difficult for the state to prove its case beyond a reasonable doubt. If the only evidence is one person’s word against another’s, a skilled attorney can challenge the factual basis for the charge.
The success of these defenses depends on witness testimony, surveillance or phone video, and the specific circumstances an attorney can present to the prosecutor or judge.
What to Do if You Are Arrested for Pushing Someone
If you are arrested for an assault charge based on pushing, follow these steps to protect your rights:
Do not resist arrest or argue with officers. Everything you say and do at the scene will be documented in the police report. Cooperation does not mean confession – it means not making the situation worse.
Invoke your right to remain silent. Provide your name and identifying information when asked. Beyond that, politely decline to answer questions until you speak with an attorney. Statements made during arrest are the prosecution’s most powerful tool.
Do not contact the alleged victim. If a no-contact order is issued – especially in a domestic case – any contact is a separate criminal offense. Do not call, text, email, or pass messages through friends or family.
Contact a criminal defense attorney before your first court appearance. In Maine, your arraignment typically occurs within a few days of arrest. Having an attorney at arraignment allows you to challenge bail conditions, argue for reasonable release terms, and begin reviewing the state’s evidence immediately.
Early legal representation often leads to better outcomes. An attorney familiar with Maine’s district courts can challenge the factual basis for charges, negotiate with prosecutors who handle dozens of these cases each week, or identify diversion programs before the case builds momentum.
Talk to a Maine Assault Defense Attorney
A push that seems minor in the moment can lead to serious criminal charges – especially when it happens in a domestic context. A conviction means a permanent criminal record, potential jail time, and consequences that follow you for years.
Webb Law Firm has experience defending clients against assault and domestic violence charges in Maine courts. We understand how local prosecutors handle pushing cases, what evidence they rely on, and where their cases have weaknesses.
If you are facing assault charges for pushing or shoving, contact Webb Law Firm for a consultation. We will review the facts of your case, explain your options under Maine law, and help you build the strongest possible defense. The earlier you act, the more options you have.
This article provides general legal information about Maine assault law and is not a substitute for advice from an attorney familiar with the specific facts of your situation.
Frequently Asked Questions About Pushing and Assault
Can you go to jail for pushing someone in Maine?
Yes. Simple assault is a Class D misdemeanor in Maine, punishable by up to 364 days in county jail. While first-time offenders may avoid jail through deferred disposition or plea negotiations, jail time is a real possibility – especially if the push caused injury or occurred in a domestic violence context.
Is pushing someone a felony or a misdemeanor?
Pushing someone is charged as simple assault, a Class D misdemeanor in most cases. However, if the push causes serious bodily injury – such as a broken bone from a fall – the charge can escalate to aggravated assault, a Class B felony. Repeat domestic violence offenders also face felony charges.
Can assault charges be dropped if the other person doesn’t press charges?
In Maine, the state – not the alleged victim – decides whether to pursue criminal charges. Even if the other person asks the prosecutor to drop the case, the state may proceed based on police reports, witness statements, and other evidence. The alleged victim’s wishes are considered but do not control the outcome.
Does a pushing charge show up on a background check?
Yes. An assault conviction in Maine creates a permanent criminal record that appears on standard background checks. This can affect employment, housing applications, professional licensing, and firearm ownership. Even if the charge is later dismissed, the arrest record may still appear unless you take steps to have it sealed.
Is pushing considered domestic violence?
The underlying criminal charge is the same – assault. The difference is the relationship between the parties. When the assault occurs between family members, household members, or dating partners, it is classified as domestic violence assault. This triggers mandatory arrest policies, automatic no-contact orders, firearm prohibitions, and enhanced penalties for repeat offenses.