ASSAULT & BATTERY (inc. DOMESTIC VIOLENCE)
STOCKPORT | MANCHESTER | NORTH WESTAll assault matters are treated seriously by the court as upon conviction you could receive a prison sentence. Call us for immediate advice by telephone on 0161 477 1121.
Assault & Battery.
There are three basic types of assault offence set out in law – common assault, actual bodily harm (ABH) and wounding / grievous bodily harm (GBH). They are primarily defined by the harm caused to the victim – with common assault at the lower end of harm and GBH at the upper end.
They cover everything from threatening words to a severe physical attack that leaves the victim permanently disabled.
A person is guilty of common assault if they either inflict violence on another person – however slight this might be – or make that person think they are about to be attacked.
They do not have to be physically violent – for example, threatening words or a raised fist could lead the victim to believe they are going to be attacked – and that is enough for the crime to have been committed. Other acts like spitting at someone may also classed as common assault.
This level of offence is summary only and therefore can only be dealt with at the magistrates’ court – carrying a maximum sentence of six months imprisonment.
There are some situations in which actions that might fall under the definition of ‘assault’ are lawful, for example in medical interventions, in self-defence, or where it is part of a contact sport like rugby.
For more advice on how to defend this type of allegation call 0161 477 1121 or email us below.
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A related offence is assaulting a police officer in the execution of his duty, this is also a Summary only offence but is now more often charge as an assault upon an emergency worker, which carries a higher maximum sentence (and is an “either way” offence).
For more about the meaning of summary only, or either “way offences” click here.
ABH (Actual Bodily Harm)
For this offence, the assault (which can be intentional or reckless as above) must have caused some physical harm to the victim. It does not need to be serious or permanent but will usually be visible such as cuts / bruises.
The most common defence is self-defence. To successfully argue this a court must be persuaded that any actions used were reasonable and proportionate.
We can advise you how best to advance your defence, gather evidence and provide skilled representations on both the facts and the relevant case law at trial. This will optimise your chances of acquittal.
For allegations which are classed as domestic violence please click here.
The maximum sentence for ABH is five years imprisonment and cases can be heard in the magistrates’ courts or Crown Court (Either Way). There are occasions when you may elect to have your trial by jury, and we can provide guidance to you about whether this is right for your case.
Domestic Violence
Assault, Battery & Domestic Violence : What You Need To Know.
The Consequences of a Domestic Violence Conviction.
The definition of what counts as “domestic” is far reaching. It also has certain consequences, most significantly:-
- The case will be treated more seriously by the court
- You could be restricted from living at, or attending the family home (by virtue of strict bail conditions)
- You could be restricted from having contact with your partner and/or your children
- The case will be highly likely to proceed despite the wishes of the victim
- A Restraining Order could be imposed even if you are found not guilty of the offence
Retraining Orders
A Restraining Order is similar to an injunction. It does not have to be restricted in time and can impose a number of restrictions upon you.
Any breach of such an order has a guideline starting point of a term of immediate imprisonment, and a maximum sentence of 5 years imprisonment.
There is also now legislation in place for the police to seek a Domestic Violence Prevention Order (DVPO).
This is an emergency measure where they believe that there is a risk of such an offence taking place.
For example if the police were called to an address by neighbours and they suspect domestic abuse is taking place despite no actual complaint being made by any victim, the police could then chose to apply for an order.
An application can be made to the Magistrates court for a DVPO which can have terms such as excluding the suspected perpetrator from the family address.
If you have been told that the police are seeking to make one of these orders against you, contact Morton’s Solicitors immediately for expert advice and representation.
Attending a Police Station
If you have been told that the police are seeking to make one of these orders against you, contact Morton’s Solicitors immediately for expert advice and representation.
Some of the most important decisions made in relation to a case are made at the police station. If Morton’s solicitors are involved at an early stage of an investigation, we are often able to affect the outcome.
You are not obliged to say anything to the police and we advise all clients to maintain their right to silence until they speak with us.
A case can proceed solely on admissions made to the police without the need for witnesses to ever attend court.
You are entitled to have a solicitor present free of charge at any police interview. This is true for what may seem to be the most trivial offences, e.g. a minor assault. You should never be interviewed without legal representation.
Mortons Solicitors can advise you and provide expert representation. Call Now on; 0161 477 1121
WHY CHOOSE MORTON’S SOLICITORS
Successfully Defending An Allegation of Assault Involves…
• Cross examining police officers
• Expert medical reports on causation of injuries
• Preparing defence witness statements
Award-Winning Crime Team of the Year
Why You Are In Safe Hands with Morton's Solicitors - Stockport, Manchester & Cheshire.
We have twice won the award for "Crime - Team of the Year" at the highly prestigious Manchester Legal Awards in 2018 & 2020.
Not only is this based on our ability to get fantastic results for our clients, but we also offer an extremely friendly, discreet and client-focused service which has earnt us the plaudits.
What this means for any prospective client is that your case is going to be in some of the safest hands in Criminal Defense for Stockport, Greater Manchester & across the North West.
Contact Us
20-22 Middle Hillgate, Stockport, Greater Manchester, SK1 3AY
Tel: 0161 477 1121
Email: [email protected]
Secure Email: [email protected] (secure email/CJSM users only)
