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Allegations of assault can be really serious and can, in the most severe circumstances, result in lengthy prison sentences. Therefore, it is vital that any individual who faces assault allegations seeks immediate legal advice and representation.
Our team of specialist criminal defence solicitors and accredited police station representatives have a wide-range of experience assisting individuals who face assault allegations, providing clear advice, along with robust defence and expert legal representation at court.
If it is alleged that you have committed an assault offence, please do not hesitate to contact our specialists today without delay on 01616 966 229.
Assault offences can occur within a wide range of scenarios but the most common is domestic violence. Domestic violence allegations are now treated by the police with 'zero tolerance' which means that they can be prosecuted often without the support of the apparent victim. They are dealt with by specialist police officers, specialist prosecutors and specialist courts. A variety of techniques are used to try and press home a prosecution. Even the most straightforward of cases can involve complex legal and practical issues, such as hearsay and bad character applications, special measures applications and applications to vary bail conditions. Our clients find that a defence lawyer who can deal with the issues that this area of law throws up is essential in assisting them understand the process and help them achieve the best possible outcome.
An offence of common assault involves causing someone to fear immediate unlawful violence. No contact is required with the victim and neither is any physical injury. Taken at its most serious, a Magistrates’ Court can impose a maximum six weeks’ custodial sentence. However, if it is suggested that the assault was racially or religiously aggravated, this will be charged under Section 29, and can result in a two years’ custodial sentence.
To satisfy an offence under Section 47, harm must be caused to the victim. ABH includes any hurt calculated to interfere with the health or comfort of the victim, but this need not be permanent. Typically, scratches or bruises would satisfy this definition. The offence carries a maximum penalty of five years’ imprisonment.
An offence under Section 20 is committed when a person unlawfully and maliciously either wounds another person or inflicts GBH upon another person. GBH can be described as ‘really serious’ harm and typically includes broken bones, injuries that cause significant blood less and other injuries which cause disfigurement or a loss of sensory function. This offence carries a maximum sentence of five years’ imprisonment.
This is the most serious of the assault offences and requires specific intent to wound or cause GBH to the victim using unlawful force. This particular allegation would be dealt with by the Crown Court, after an initial hearing in the Magistrates Court. Factors that may indicate intent include a repeated or planned attack, deliberate selection of a weapon or adaptation of an article to cause injury, such as breaking a glass before an attack, making prior threats or using a weapon against, or kicking the victim’s head. This offence carries a maximum penalty of life imprisonment.
If you require immediate representation we have highly skilled police station representatives available 24 hours a day all year round. If you require emergency assistance outside the normal working hours please contact 07836 574 607.
Otherwise please contact the office on 01616 966 229 or complete our online enquiry form and a member of the team will contact you as soon as possible.
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