Offences Against The Person
Common assault is at the lower end of the scale of ‘offences against the person’ falling under the banner of criminal law. However, this is still a serious offence and a common assault charge can carry a maximum prison sentence of six months. The definition of this offence is where someone intentionally or recklessly causes harm or violence to someone else. In fact, even if you have threatened violence but not actually committed it, you could still end up facing a common assault charge.
Then to be convicted of assault. For instance, if you were attempting to throw a beer bottle at someone’s head, but you missed. Your intent in those circumstances was to cause injury with the bottle. This could be labelled as common assault. Are you are currently being questioned at a police station regarding a common assault charge. You have the right to free legal advice from a solicitor of your choice. This is regardless of you financial circumstances. Have an experienced solicitor to represent you early on in the process will only help. So call us on 0330 096 275 and speak with our Criminal Defence Solicitors today.
Why Choose Ashmans Solicitors?
Are you are facing a common assault charge. We have many years of experience in helping people in the same situation as you. You can be assured that our expert criminal defence team will do all we can to change the outcome of your case. We will put together a defence, look at intent, self-defence and some other points. Consequently, this could change the face of the charges you are facing. Whether you are tried in a magistrate’s court or are indicted to appear before a jury in the crown court. We can help you through the process, supporting the legal process. Furthermore, help you to know what to expect at each step of your case.
Obviously you will be concerned about how to pay for legal representation in these circumstances. Legal aid is now means-tested. You may not qualify. However, there are other options that we will discuss with you such as fixed or capped fees. This is depending on your case or our very competitive hourly rate.
Questions About Common Assault
what is common assault
When a person either assaults someone or commits battery they will be charged with a criminal offence under Section 39 of the Criminal Justice Act. The offences are defined as follows:
Battery is classified as the application of unlawful force (anything from a simple slap or shove)
assault occurs when a person makes another fear that immediate force will be used against them; no actual force needs to be applied, just a threatening gesture or demeanour (for example throat-slitting gesture or shaking a fist)
what is the prison sentence for common assault
Common assault has a maximum penalty of six months imprisonment and / or a fine. If the offender is being charged for the first time a custodial sentence is unlikely and a fine is the usual punishment. However, if the offender has a previous conviction or are shown to have had a particular motivation for the attack (for example a racially motivated attack) this could result in a prison sentence.