Updated on Tuesday 16th June 2020
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Assault and battery are the types of offences for which a person can receive at least 6 months of imprisonment, fines and/or community orders. Alternative sentences can be issued for offenders with criminal activities in the past and if the consequences after assault are not serious injuries. We invite you to get in touch with our assault and battery solicitors in London and find out more about the legal support we can offer you in such cases. Our team of assault solicitors in London is at your service if you are looking for complete legal advice and representation in the court of law.
The meaning of assault and battery
Assault is a criminal act which involves a person who attempts to harm someone with a threatening conduct and/or violence. However, there is no need for physical contact to define the meaning of assault, like in the case of battery where an illegal and violent contact might intervene. Even if there is no contact involved in an assault offence, this is a criminal act for which offenders can be punished. The general intent of harming someone or put the victim in a reasonable fear represents an assault offence. In other words, a person who acts in a dangerous way in front of others can be accused of assault. In the case of battery, an individual who acts in a negligent manner by harming another person can be accused of serious crimes. If an offensive contact is involved, then this is a case of battery. Offenders accused of assault and/or battery crimes should ask for complete legal advice from our assault lawyers. These are special cases that require the experience of assault and battery solicitors in London, a matter where our team can help.
How is the defence for assault and battery charges?
The circumstances and the elements of an assault and/or battery case will determine whether the defence will be complex or not. Our assault solicitors will have to see if the accuser used self-defence when he/she was afraid for his/her own life, for example. Self-defence might be the only response in case someone was found in the position of threat or unlawful injury of force against him/her. An assault lawyer in London will have to verify all the circumstance and the evidence, in order to prepare and present a consistent defence in front of the authorities. It is good to know that the restraints applicable to self-defence in case of assault or battery can also apply to defend others if the accused person has reasonable grounds for his/her supposed fear in order to establish the defence. An assault solicitor in London will have to determine all the arguments in such a case, in order to create a suitable defence in front of the authorities.
Defending the private property – how is this case treated?
Persons accused of assault and/or battery can claim the fact that they acted in a specific manner in order to defend his/her property in the case of burglary. In other words, a person may use the reasonable force for protecting the private property. The defence, in this case, will have to be created around the determined grounds, analyzing the circumstances and the consequences involved. You should get in touch with our assault solicitors in London, in order to receive the needed legal support.
Looking for professional legal advice
Our assault solicitors in London are at the disposal of offenders accused of assault and/or battery with comprehensive legal assistance:
- Our assault solicitors can provide legal advice at the police station if the offender is kept into custody.
- It is good to know that you have the right to remain silent and not answer any question until a criminal solicitor in London is by your side.
- The police will have to explain the accusations that have been brought to you.
- Our assault solicitors in London will apply for bail on your behalf if your case is not sustained by solid evidence.
Facing criminal charges like assault and/or battery in UK will ask for complete legal advice and representation in front of the authorities. Our assault lawyers in London will have to determine the facts involved in your case, analyze the evidence and create a strong defence to help you in a trial in the court of law.
The common assault and battery are two different types of assault offences in UK, as mentioned by the Offences Against the Person Act 1861, and persons charged with such accusations can face penalties and imprisonment. It is good to know that for assault charges, a suitable legal representation is mandatory, which is why we recommend you ask for legal advice from our assault solicitors. The same team can offer legal support for any type of serious crimes you have been accused of.
For common assault, you can receive:
1. Maximum penalty - 26 months in prison - for persons found guilty of category 1 of common assault which is the most severe degree of common assault, especially in the case of racially-aggravated assault;
2. Medium penality - a high level community order - for a medium degree of common assault;
3. Least severe punishment - fine - for the third category of common assault. When a low level of culpability is found, the offence can be discharged completely with no further consequences.
The punishemnt for assault by beating is 6 months in prison.
The meaning of self-defence in UK
The self-defence can be used in cases of assault, but with the mention that there is a difference between the force used for defence and the one used for revenge. In other words, self-defence and retaliation are two separate matters in an assault offence, and a comprehensive explanation can be provided on request by our assault lawyer in London.
The meaning of Actual Bodily Harm (ABH) in UK
According to the Offences Against the Person Act 1861, the assault that causes actual bodily harm is a severe offence, where physical harm is produced by someone. Bruises, bite marks or scratches are evidence which sustains an actual bodily harm as part of an assault. Depending on the seriousness of the offence, a person charged with ABH can face imprisonment of maximum 5 years, a fine or a community order. It is recommended to talk to one of our assault solicitors in London for a better understanding of the ABH and the assault offences in UK.
The meaning of Grievous Bodily Harm (GBH) in UK
Stabbing a victim or wounding a person with intentions are part of serious harm or criminal offences known as grievous bodily harm. GBH is the result of common assault or battery, where persons accused of such crimes can receive a sentence of 10 years or life imprisonment if manslaughter has been involved.
We have prepared a video about how we can offer legal support in cases of assault charges in UK:
Sentences for persons found guilty of assault
The UK legislation stipulates a series of penalties for individuals who are found guilty of serious offences like assault, whether if ABH, grievous bodily harm or common assault are involved:
- 6 to 26 months imprisonment are issued for individuals accused of serious common assault;
- community orders can be received by individuals found guilty of assault offences entering the second category;
- fines are issued for persons found guilty of assault charges which enter the third category of such crimes;
- imprisonment and fines can be received by individuals accused and found guilty of serious crimes like assault.
The sentence, in this case, is normally issued considering the level of harm and culpability, plus the inevitable consequences. Choosing an assault solicitor in London for accusations is not a difficult task if you direct your attention to the lawyer with a wide experience in this field.
The factors that upsurge the culpability for assault
The courts in UK can determine the verdict in a case of common assault considering the harm done and the level of culpability. For example, a sentence will be issued once the seriousness of the injury is determined as sustained by the victims involved who at a certain point were vulnerable. The verdict will be released in the court of law if the evidence sustains the result of the assault, and particularly if the victims declared that they have been subject to repeated attacks. There are cases in which a verdict is made if the evidence shows that the act was deliberated for a long time, aiming a specific person. Another factor that will weigh much at the time a verdict is issued in the court of law in UK is the proof that the offender intended to do more than harming a person. Moreover, the sentence might increase if the prosecution proves that the offender used a weapon when assaulting someone.
What happens if you have been arrested for assault in UK?
Please feel free to contact our team of assault solicitors in London and ask for legal representation and advice if you have been accused of serious crimes like assault and/or battery. Our team is at the disposal of clients and will act in their best interest.