Common Assault Solicitors
What is Common Assault?
Under Section 39 of the Criminal Justice Act 1988, common assault constitutes a criminal offence. Common assault occurs when a person commits a violent act on someone else or causes them to fear they are going to be attacked. Importantly, physical contact is not required, it can exist when a person intentionally or recklessly causes another to fear physical violence, for example, threatening behaviour such as raised fists or aggressive language.
Common assault is sometimes referred to as battery or assault by beating, this could mean the victim was hit or kicked, pushed, grabbed or spat at.
If convicted of common assault, the sentence may include imprisonment, highlighting the need for expert legal representation.
Defence Against Common Assault Charges
Allegations or charges for assault can be an incredibly stressful and have a major impact on your personal and professional life. At KANGS, we understand the seriousness of such cases and the effect it can have on your life. Our expert criminal defence solicitors are here to guide you through every stage of the legal process, ensuring your rights are protected.
Whether you have been charged with common assault, are attending a police station interview, or require representation in Court, our criminal defence solicitors are committed to providing clear, effective, and comprehensive legal support.
Why Choose Our Criminal Defence Solicitors
Expert Legal Representation: Our criminal defence team possesses extensive expertise in handling serious violent offences, such as common assault, actual bodily harm (ABH), and grievous bodily harm (GBH).
Tailored Defence Strategies: Our approach centres on developing customised defence strategies that align with the individual circumstances of your case, ensuring we protect your interests.
Police Station Representation: Our solicitors provide immediate support during interviews under caution, whether voluntary or under arrest.
Courtroom Advocacy: We represent clients in both the Magistrates’ Court and Crown Court, and when needed, instruct the best possible barrister including Kings Counsel.
Dedicated Client Support: We maintain consistent communication throughout the legal process, ensuring you are fully informed and supported at every stage.
Know Your Rights
If accused of common assault, it is essential to be aware of your rights and prepared for the legal process ahead. Contact us for a confidential consultation where our experienced defence solicitors offer expert legal advice and guidance.
Trust KANGS to be your defender and advocate during these challenging times.
For further information regarding allegations of common assault, please see our Frequently Asked Questions.
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Common Assault FAQs
Contact KANGS
The expert lawyers at KANGS are available to assist you. We can arrange initial consultations in person, by video call or telephone.
Please contact one of our experts listed below or contact us at:
How can KANGS help?
The KANGS 24-hour Rapid Response Team comprises expert solicitors available to represent clients at any police station in the country. We provide comprehensive support to both individual and corporate clients across all types of police interviews, including those concerning grievous bodily harm, actual bodily harm and common assault.
Our criminal defence solicitors offer a discrete, sensitive and professional service.
What defences are there against common assault charges?
If accused of common assault, several legal defences may be available depending on the circumstances of the alleged incident. A primary defence is to argue that no assault occurred. Given that common assault may involve minimal or no physical contact, it can be challenging for the prosecution to establish that an offence took place.
Another common defence is self-defence or the defence of another person, and that your actions were necessary and proportionate in response to a threat. Each case is unique, and the viability of any defence will depend on the specific facts and evidence involved.
What is the difference between Common Assault, ABH and GBH?
Common assault is typically classified at the lower end of harm, with GBH representing the upper threshold. In cases of common assault, injuries if any at all, are generally minor. Examples include superficial physical harm such as bruising, grazes, or redness.
Unlike ABH and GBH, common assault does not require significant physical injury and may involve minimal or no contact.
ABH is committed when a person intentionally or recklessly assaults another, thereby causing actual bodily harm. The injuries must be more than transient and trifling, for example, severe bruising, damage to teeth or bones, cuts requiring sutures, and loss of consciousness.
In contrast, GBH injuries caused by an assault are regarded as serious harm, where significant medical treatment is required or the victim sustains life-changing injuries.
What is the sentence for common assault?
The sentence for common assault varies based on several key factors, primarily the level of harm caused and the offender’s culpability. Harm refers to the impact on the victim, including the nature and extent of any injuries. Culpability assesses the offender’s role and degree of responsibility in the incident.
It is important to note, only minor physical injuries fall within this classification. However, physical contact is not a prerequisite for common assault, threatening words or gestures alone may suffice. Sentencing also depends on whether the harm was inflicted intentionally or recklessly, as well as the vulnerability of the victim.
The maximum sentence for common assault is six months' imprisonment. However, this increases to two years where the offence is committed against an emergency worker or is racially or religiously aggravated.
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