Assault

Being arrested for an offence of assault can be life changing for many people. It will mean being interviewed by the police, facing the courts and maybe even finding themselves in prison in the event you are convicted.

Being convicted of an assault will give you a criminal record and this can have far reaching implications with both your current employment and finding a job in the future.

If you have been arrested for assault it is imperative that you get effective and professional legal representation right from the start.

You can call Freeman & Co. on 0161 236 7007 or send a confidential email by clicking here. The earlier you make contact or call the better as representation at the police station for any interview is key to get the best advice on how to proceed with your case and deal with any questions or investigations made by the police.

The term assault can cover a number of different offences ranging from the least serious of a common assault to the most serious of causing grievous bodily harm (GBH) with intent.

As the seriousness of an assault offence can graded then so can the range of sentences that are available to the court if you are are convinced. A basic common assault is a summary only matter and is tried at the Magistrates’ Court. The maximum sentence for this offence is 6 months custody and or a £5,000 fine. At the other end of the scale the offence of causing grievous bodily harm (GBH) with intent is triable in the Crown Court only and on conviction can carry a life sentence of imprisonment.

Common Assault – Section 39 Criminal Justice Act 1988

A common assault is the simplest form of an assault offence and an accuser does not have to show that they have suffered an injury. The offence can be made out if the defendant has either intended or been reckless as to whether the accuser has apprehend the use of violence against them.

Although no injury need be caused there needs to be a positive act by the defendant such as making a gesture or throwing a punch that never connected. The mere use of words, no matter how unpleasant or provoking should not be enough.

Assault Occasioning Actual Bodily Harm – Section 47 Offences Against The Person Act 1861

This offence of assault is where an actual injury is alleged by the accuser. The injury need only be reasonably minor and can be a simple graze, minor cuts or bruising. The injuries do not have to be purely physical and an injury to an accuser’s mental health can also form part of the offence.

Assault Causing Grievous Bodily Harm (GBH) / Unlawful Wounding – Section 20 Offences Against The Person Act 1861

Causing grievous bodily harm, or GBH moves the level of injury caused by the assault into a higher bracket of seriousness. Here the injuries claimed by the accuser may include broken bones, wounds or internal injuries. The important aspect to this offence is that the assault is charged on the basis that the defendant did not intend to cause the injuries but was reckless as to whether they were caused or not.

Assault Causing Grievous Bodily Harm (GBH) / Unlawful Wounding With Intent – Section 18 Offences Against The Person Act 1861

Of all the assaults causing grievous bodily harm with intent is the most serious. The injuries claimed by the accuser will generally be of the same seriousness, or more so as for the reckless form of the offence (section 20) however, the real difference is the intent. Whereas being reckless as to the injuries being caused puts the offence into a high category, by the prosecution bringing the case on the basis that the defendant intended to cause the accuser “really serious harm” puts the offence and the sentencing options on conviction into the highest category as is reflected by the maximum sentence available to the courts on conviction.

Sentencing Guidelines For Assault Cases

COMMON ASSAULT

Maximum: Level 5 fine and/or 6 months custody

S47 ASSAULT

Maximum when tried summarily: Level 5 fine and/or 6 months custody
Maximum when tried on indictment: 5 years custody

S20 ASSAULT

Maximum when tried summarily: Level 5 fine and/or 6 months custody
Maximum when tried on indictment: 5 years custody

S18 ASSAULT

Maximum: Life imprisonment

About Freeman & Co.

Nick Freeman is quite possibly the most famous criminal solicitor practising in the Country today. Dubbed by the media as “Mr Loophole” his reputation rose as an expert road traffic lawyer through his client list of famous sports personalities and celebrities.

But this is only the tip of the iceberg for Nick and his team of highly experienced criminal solicitors. Freeman & Co. have successfully represented people charged with a wide range of criminal offences ranging from assault to fraud, from rape to drugs offences.

Nick has a singular mind to all his cases and challenging the details of every case is an ethos that pervades Freeman & Co. as a whole.

From the first police station interview to fighting your case through the courts, Freeman & Co. provide seamless representation and dedicated client care that is second to none.

Being charged with a criminal offence of any kind will be a daunting experience. Freeman & Co. are a specialist from of criminal solicitors who understand their clients’ needs and the overwhelming need to get the best possible result in all the circumstances.

If you are, a family member to friend have been charged with a criminal offence you can call Freeman & Co. today on 0161 236 7007. You can also send us a confidential email by clicking here.

Call Us Today On 0161 236 7007