Assault, ABH & GBH DEFENCE Solicitors - LAWYERS FOR ASSAULT CHARGES UK
At Draycott Browne, our Assault Solicitors are seasoned professionals with extensive experience in defending individuals accused of common assault, actual bodily harm, or grievous bodily harm.
Assault charges can carry serious consequences, including the possibility of life imprisonment in severe cases. It is essential to seek specialist legal advice as early as possible to build a strong defence and protect your rights.
With specialist expertise in this complex area of law, we are committed to delivering the highest standard of legal representation. Our Assault Solicitors will guide you through every stage of the legal process, ensuring you have the expert support and advice needed to protect your rights and achieve the best possible outcome for your case
Contact us today on +44 (0)161 228 2244 to learn how our Assault Solicitors can provide the expert legal assistance you need. We represent clients nationwide, delivering the highest standard of legal support regardless of your location.
What is Common Assault?
Common assault is one of the most frequently charged offences because it covers a wide range of incidents and often serves as the foundation for more serious assault charges. Our experienced Assault Solicitors frequently deal with these cases, which include two separate offences, assault and battery.
Assault is committed when a person intentionally or recklessly causes another person to fear they are about to be physically harmed without touching them. Battery is the act of inflicting unlawful force on another person without their consent.
While this offence is considered less serious than other forms of assault, it can still carry significant legal consequences. It is defined under Section 39 of the Criminal Justice Act 1988.
Importantly, physical injury is not required for an act to be classified as common assault; the threat of harm alone is sufficient. If injuries do occur, this escalates the offence to actual bodily harm.
Common assault cases are typically heard in the Magistrates’ Court, where penalties can include fines, community orders, or up to 6 months' imprisonment if convicted.
What is ABH?
Actual bodily harm is a criminal offence under Section 47 of the Offences Against the Person Act 1861. It refers to an assault or physical attack that causes harm to a person, but not severe enough to be classified as grievous bodily harm. This can include:
- Cuts, scratches or bruises
- Broken teeth
- Minor bone fractures
- Loss of consciousness
- Depression or anxiety
Actual bodily harm is an either-way offence and can be tried in either the Magistrates’ Court or the Crown Court, depending on the severity of the case. Given the wide range of possible sentences for this crime, instructing expert ABH solicitors is essential.
What is GBH?
To cause grievous bodily harm (sometimes referred to as unlawful wounding) is to seriously injure or wound a person. Injuries that come under this category include those that result in the following:
- Long-term disability, disfigurement or loss of sensory function
- Broken bones, including fractures
- Significant blood loss requiring a transfusion, major treatment or substantial incapacity
The offence can be split into two categories as follows.
Wounding Without Intent
To cause grievous bodily harm without intent, the defendant must have intended to cause some harm or been reckless as to whether harm might occur, but without specific intent to cause grievous bodily harm. Grievous bodily harm without intent is a breach of Section 20 of the Offences against the Person Act (1861). Depending on the severity of the attack, this case can be dealt with by the Magistrates’ Court or the Crown Court and carries a maximum sentence of seven years' imprisonment.
Wounding With Intent
This is the most serious assault charge that can be brought, as outlined in Section 18 of the Offences against the Person Act (1861). For a successful prosecution, it must be proven that the accused intended to cause the victim serious injuries.
Intent is a critical component in Section 18 offences. The prosecution must prove that the accused specifically intended to cause serious injury. Factors that may indicate such intent include:
- The attack was planned or repeated
- The attack included kicking or using an offensive weapon to the victim’s head
- An object was adapted, such as a glass broken, to use in an attack
- A weapon was deliberately obtained for the attack
- Previous threats had been made by the defendant to the victim
Cases of wounding with intent are dealt with in the Crown Court and can result in a maximum sentence of life imprisonment, making it crucial to have the expert guidance of our specialist Assault Solicitors
How are ABH & GBH Offences Proven in Court?
The prosecution must prove both the ‘actus reus’ and the ‘mens rea’. The actus reus for ABH requires evidence that the defendant’s actions caused actual injury or harm that goes beyond minor discomfort and affects the victim’s health. For GBH, the injuries must be serious, such as significant wounds, broken bones, or permanent damage.
In terms of mens rea, the focus is on the defendant's state of mind at the time. For ABH, the prosecution needs to show that the defendant either intended to cause some harm or acted recklessly, knowing their actions could lead to injury. For GBH, the mental element differs depending on the charge. Under Section 20, it must be shown that the defendant foresaw the possibility of serious harm. Under Section 18, the most serious GBH charge, there must be clear intent to cause grievous injury or resist arrest.
At Draycott Browne, our specialist Assault Solicitors leave no stone unturned in scrutinising both the physical and mental elements of these serious allegations. Our aim is to challenge every aspect of the case, ensuring the best possible defence for our clients.
What are the Defences for ABH & GBH?
Facing charges of actual bodily harm or grievous bodily harm is a serious situation. There are a number of defences that may be available depending on the specific circumstances of your case, including:
- Self-Defence or Defence of Others: If you used reasonable force to protect yourself or another person from an immediate threat.
- Lack of Intent: If it can be shown that there was no intention to cause harm or that the injury was not foreseeable.
- Duress: If you were forced to commit the offence under threat of death or serious injury.
- Mistaken Identity or Alibi: If it can be shown that you were not present at the scene of the alleged offence or that you were wrongly accused.
- Mental Incapacity: A defence may be available if a recognised medical condition prevented you from understanding your actions or controlling them.
Navigating the complexities of ABH and GBH defences requires an expert understanding of criminal law and an ability to build a robust case tailored to your specific situation. If you are facing charges of ABH or GBH, it is crucial to seek legal representation as soon as possible. Our dedicated team of Assault Solicitors is here to provide you with expert, confidential advice, guiding you through every stage of the legal process.
What are the Penalties for ABH & GBH?
If you have been found guilty of either offence, the penalties can be severe. Sentences for these offences can range from substantial fines to years of imprisonment, depending on the gravity of the case. This is why it is crucial to have expert Assault Solicitors on your side.
Actual Bodily Harm – Section 47 Offence
ABH is governed by Section 47 of the Offences Against the Person Act 1861, it carries a maximum penalty of up to 5 years' imprisonment.
Factors influencing sentencing for ABH include:
- Severity of Injury: While ABH does not involve life-threatening injuries, more serious harm, such as a broken bone or long-term psychological damage, can result in harsher penalties.
- Intent: ABH does not require the intention to cause serious harm, but if evidence of malice or aggression is present, it may influence the sentence.
- Previous Convictions: A history of prior criminal behaviour, especially involving violence, will likely result in a stricter sentence.
Grievous bodily harm – Section 20 and Section 18 Offences
Grievous bodily harm is considered a more severe offence than ABH and is split into two categories: Section 20 and Section 18 offences.
Section 20 GBH Penalties
Under Section 20, the offence involves unlawfully and maliciously inflicting serious harm, without specific intent to cause severe injury. The maximum penalty for Section 20 GBH is up to 7 years' imprisonment.
This offence typically involves injuries such as serious fractures, deep wounds, or significant blood loss, but without premeditated intent to cause the level of harm inflicted.
Section 18 GBH Penalties
Section 18 is the most serious form of GBH, involving intent either to cause serious injury or to resist lawful apprehension. This offence carries a maximum penalty of life imprisonment. Section 18 cases often involve extreme violence, premeditated attacks, or the use of weapons with the clear intent to inflict grievous harm.
In both ABH and GBH cases, the court will also consider any mitigating factors which could reduce the severity of the sentence. These might include genuine remorse, a lack of prior convictions, or acting under provocation. Depending on the circumstances, alternatives to imprisonment such as community service or suspended sentences may also be considered.
What is an Assault on a Police Officer?
Assaulting a police officer is considered a serious offence under the Assaults on Emergency Workers Act 2018. This legislation was updated to strengthen the legal protection for emergency workers like police officers to reflect the crucial role they play in society.
Assaulting an emergency worker is taken very seriously due to the vital role these individuals play in society. Emergency workers include police officers, paramedics, firefighters, NHS staff and other professionals engaged in emergency responses.
Examples of Assaulting an Emergency Worker
- Physical Attacks: Punching, kicking, or using unlawful force against an emergency worker.
- Resisting Arrest: Using force to resist a police officer during an arrest.
- Obstruction: Deliberate actions that prevent an emergency worker from performing their duties, such as blocking their way or providing false information.
What are the Penalties for Assaulting an Emergency Worker?
The Police, Crime, Sentencing and Courts Act 2022 has increased the maximum sentence for common assault against an emergency worker, including police officers, to 2 years' imprisonment. Offenders may also face an unlimited fine, a community order or both depending on the severity of the assault and other factors.
The maximum sentence for assaulting a police officer is up to 2 years’ imprisonment and an unlimited fine. The penalty for resisting or obstructing a police officer can include an unlimited fine and in some cases imprisonment.
Assaulting an emergency worker is a serious offence that can result in significant prison time, substantial fines and a permanent criminal record. If you have been accused of such an offence, it is crucial to seek expert legal representation immediately.
If you have been accused of assault or GBH, call Draycott Browne’s specialist Assault Lawyers today on +44 (0)161 228 2244 to discuss how we could help your case. We represent clients throughout the UK, so no matter where you live, please don’t hesitate to get in touch.
24 Hour Availability
Arrests are rarely anticipated, which is why our legal advisors are on hand 24 hours a day, seven days a week, ready to assist you at the police station whenever you need us. If you have been accused of assault or GBH, call Draycott Browne’s specialist serious crime solicitors today on +44 (0)161 452 7674 to discuss how we could help your case.
LEGAL AID
Legal fees can be an unexpected cost that you may struggle to afford. By applying for legal aid, you can relieve financial stress during your case, leaving you to focus on what matters. Our Assault Solicitors will guide you through the process of applying for legal aid, ensuring you have the best possible chance of a successful application.
Private Funding
We have long supported and will continue to support those of our clients who choose to fund their cases with Legal Aid. However, it is important to realise that Legal Aid funding places significant limitations on the level of support we can provide.
By choosing to fund the legal services you require, you are guaranteeing the highest level of advice and representation from our top-class solicitors. Private funding allows us to allocate additional resources within our team to work more creatively and extensively on your case.
With private funding, we can deliver the best possible service, drawing on the full extent of our experienced team, ensuring that no stone is left unturned in building a detailed legal defence.
If you’re facing serious assault allegations, we strongly advise you to consider a privately funded route. This will ensure that you are receiving the best representation for your case, greatly enhancing your chances of a successful outcome.
Contact Draycott Browne's Assault Solicitors
If you or a loved one is arrested on an assault charge, it is essential that you engage the expertise of professional Assault Solicitors who will be able to help and advise you on a defence strategy as soon as possible. Contact us today by calling +44 (0)161 228 2244. If you would like us to contact you, simply fill in our online enquiry form and a member of the team will be in touch as soon as possible.
As one of the UK's leading Criminal Law Firms, we are highly regarded nationally across the legal profession and noted for consistently delivering positive results for our clients. Our expert GBH, ABH & Assault Solicitors regularly act for clients in Manchester, Preston, Blackpool, Liverpool, Leeds, Nottingham, Birmingham, and London. As recognised Criminal Defence Lawyers we can represent you wherever you live in England and Wales.
By entrusting us, you can be assured that you will be working with a team of highly skilled and experienced Serious Crime Solicitors who have a thorough and comprehensive knowledge of this area of law, and have protected individuals in a wide range of cases.
Our legal team is available 24 hours a day, 7 days a week. If you need expert legal advice or representation, call us in confidence now. When you are facing the stiffest challenges, you cannot afford to settle for anything less than Draycott Browne