Can You Be Charged for Defending Someone Else?

The short answer to the question in today’s title is “yes” you could potentially be criminally charged for defending someone else assuming that you assaulted and even injured or killed someone in the process. In a case like this, the defence strategy would be self-defence, and this is a reasonable strategy. Just because someone is charged with a crime, does not mean that the person will be found guilty of it, or that the case will even proceed to trial. In today’s blog article, let’s talk about the use of self-defence as a strategy.

In Canada there are three main parts necessary for using self-defence as a strategy for defending someone else, or a third party:

1. Reasonable Belief of Threat

A reasonable person has to believe on reasonable grounds that either force was being used or was threatened against this third party. The person who acted had to have a genuine belief that the person was in imminent danger, and another reasonable person in the same situation would have come to the same conclusions.

2. Purpose

The next part that has to be demonstrated is that the person who acted did it only for reasons of defending the third party and not for any other purpose such as revenge, retaliation or personal gain.

3. Reasonable Response

The third critical part of this type of defence is whether the response was reasonable and in proportion to the threat or perceived threat at hand.

We use the term “reasonable” a lot here. In Canadian law, there is the “reasonable man” test. It is a principle; a hypothetical standard often used in law. What would a prudent person do? Does the act seem reasonable? Will jurors or judges think that the act was reasonable given the circumstances because reasonableness is objective, cultural, and contextual.

So, yes, one can defend someone else in a crisis, and self-defence can be a fair and reasonable defence for those actions. 

If you have been charged with assault, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law. 

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.