Assault Solicitors
Having the guidance of expert assault solicitors through an allegations of common assault, actual bodily harm (ABH) or grievous bodily harm (GBH) is imperative to get the best possible outcome.
Talk to one of our team members on 0330 111 3131
Accused or charged with assault?
Any allegation of assault is taken extremely seriously by the courts.
The consequences can be severe – if you’re found guilty of assault, it will make it difficult to find a job and affect your future prospects. In the most serious cases, there is the risk of receiving a substantial prison sentence.
To give yourself the best chance of defending an allegation, you’ll need the help of an experienced criminal defence solicitor.
At Slater Heelis, we take pride in our straightforward, honest advice through every stage of the process.
Whether this is your first time under scrutiny from the law or you have experienced it before, our assault solicitors will guide you through from initial interviews to sentencing.
We understand that the outcome of an allegation of assault could lead to further implications throughout your life, and as such, we are meticulous and realistic in our analysis and advice surrounding your case.
Get in touch today to organise a consultation with our team.
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Different forms of assault offences
As defined in the Criminal Justice Act, an assault is any act which causes a person to suffer, or seriously fear, unlawful violence.
There are varying levels of severity when it comes to assault, from threatening behaviour to causing physical injury. As such, assault can be categorised into three basic types:
- Common Assault
- Actual Bodily Harm (ABH)
- Grievous Bodily Harm (GBH)
Cases that are found to be linked with domestic violence are treated by the police with zero tolerance. Allegations of this kind will be dealt with in a manner that is specific to the extent of that individual case. Not all domestic abuse is physical, but it is still taken extremely seriously.
Defending An Assault Charge
Regardless of the situation and details surrounding a case, everyone is entitled to a fair legal defence. With any criminal proceedings, our defence solicitors will work with you to gather all the facts before forming a strong-as-possible defence strategy for your case. With assault charges, we can look at whether any of the following applies:
- Self-defence or defence of someone else – defending yourself or another after (or before an imminent) attack
- Prevention of a crime – intervening to stop, disrupt or prevent a crime
- Citizen’s arrest – intervening to place a person who has committed an indictable crime under citizen’s arrest until the police arrive
If one or more of the above can be proved, your charges may be reduced or dropped entirely. Our team can help establish if this applies to your case.
Case Studies:
R v P
Mr P was arrested for causing Actual Bodily Harm to his wife. He was accused of hitting her with a heavy metal object across the head, with imprisonment a likely outcome upon conviction. With thorough preparation, Mr P was acquitted by the jury after 2 hours of deliberation. The barrister instructed described the preparation in the following terms: “The preparation you did in this case was phenomenal, even by your standards”
Frequency Asked Questions
What is Grievous Bodily Harm?
The most serious type of assault is Grievous Bodily Harm (GBH), and it is split into two offences: Section 18 Assault and Section 20 Assault.
The most serious is a Section 18, because of an emphasis on the intent to cause harm. For instance, to face a charge of a Section 18 Assault, a defendant may have kicked a victim’s head, used an offensive weapon against the victim, or made prior threats.
Defendants could face up to life imprisonment if found guilty of a Section 18 Assault, so working with an experienced solicitor can make a huge difference as to which offence you’re charged with.
On the other hand, a Section 20 Assault is considered to be the lesser of the two categories of causing grievous bodily harm, because of a lack of intention. It still involves very serious bodily harm or unlawful wounding upon another person.
The maximum sentence for a Section 20 is a five-year prison term if sentenced by a jury at the Crown Court. If dealt with at the Magistrates’ Court, the maximum sentence is six months’ imprisonment.
It is paramount to speak with criminal defence solicitors at the first opportunity, as this could impact where your case will be heard.
What is Actual Bodily Harm?
Actual Bodily Harm, or ABH, sits between GBH and Common Assault in terms of severity. To be charged with ABH, there has to be evidence that the victim has been injured using unlawful force, but not to the extent of those under Sections 18 and 20.
Seeking expert legal advice is important as ABH can be tried in different courts depending on the severity of the allegation. The maximum sentence for ABH is five years’ imprisonment if tried in the Crown Court, or up to six months if dealt with summarily at the Magistrates’ Court.
Learn more about the differences between ABH and GBH.
What is Common Assault?
Common assault is the least serious of the assault charges. There are typically no visible or physical injuries for a common assault charge, but it does include threatening another person with unlawful force.
Usually, it is uncommon to receive a prison sentence without a previous criminal conviction. However, the maximum penalty for common assault is six months imprisonment, and the case will be dealt with at the Magistrates’ Court.
However, an common assault offence can carry a longer sentence in certain circumstances. For example, if it is deemed to be racially or religiously motivated, part of domestic violence, or committed against an emergency worker, such as a police officer or paramedic.
Highly rated and trusted by our clients
“Rachel Fletcher, with her passion and knowledge, worked commendably to uncover the falsity of allegations against me. She got transcripts from the police and then began compiling all the evidence and witness statements to disprove the allegations.
She raised an insurmountable defence and prepared me for the trial. I was totally impressed that no stone was left unturned to fight my case. Moreover, with Rachel’s proficiency, I was found not guilty at the first trial. Rachel was not just focused on the case but very empathetic, for which I will always be grateful!
If it was not for Rachel, I might have lost my job, and my otherwise spotless record may have been tarnished. Most importantly, winning this case will greatly enhance my ability to establish contact with my son sooner than expected.”
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