Assault and other violent offences cover a wide range of allegations, ranging from common assault through to more serious offences such as grievous bodily harm and murder. A conviction for a violent offence can bar you from working in many professions and, in many cases, carries a real risk of imprisonment. When facing allegations of this kind, it is vital to seek expert legal advice at the earliest possible stage.
Reeds is a leading criminal defence firm, recognised as a Top Tier practice in the Legal 500. With 22 offices across England and Wales, we provide nationwide representation in serious and complex criminal cases.
We provide specialist advice and representation in assault and other violent offence cases. At the pre-charge stage, we take a proactive approach, identifying and submitting evidence that may undermine the allegation and prevent a charge being brought. Where matters do proceed, we prepare cases thoroughly and work alongside some of the country’s leading criminal defence barristers.
Reach out for immediate expert advice through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at [email protected]
Types of Assault and Violent Offences
Assault and violent offences cover a range of criminal allegations involving the use, or alleged threat, of violence against another person. In law, many of these offences fall within the category traditionally known as “offences against the person”.
At Reeds Solicitors, our specialist criminal defence team represents clients facing allegations including:
- Assault by Beating & Common Assault
- Actual Bodily Harm (ABH)
- Grievous Bodily Harm (GBH)
- Assaults on Emergency Workers
- Strangulation and Suffocation
- Manslaughter
- Murder
Allegations of this kind can arise in a wide range of circumstances. Cases involving partners, family members, or former partners are often complex, and the complainant’s account may not reflect the full background to the incident. It is essential that the police are provided with evidence that places the allegation in its proper context and exposes the true circumstances. In some cases, the complainant may in fact have been the aggressor, with the defendant acting in lawful self-defence.
These allegations also frequently arise in public settings, such as town centres, pubs, nightclubs, or sporting events. Incidents of this nature are often fast-moving and confused, with individuals responding to perceived threats. It is not uncommon for the wrong person to be arrested, particularly where actions were taken in lawful self-defence.
Reach out for immediate expert advice as soon as possible through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at [email protected].
Specialist Defence for Assault and Violent Offences
Many allegations involving violent offences – particularly where an injury is said to have been caused or where the allegation arises in a domestic context – result in lengthy periods where a person remains under police investigation without any immediate charging decision.
During this stage the police will gather evidence, take statements and assess whether the case should be referred to the Crown Prosecution Service for a charging decision.
We specialise in providing proactive defence for individuals facing allegations of this nature and know that early intervention can be critical. Decisions made during this stage can significantly influence whether a case proceeds to court or is resolved without charge.
We provide strategic advice throughout the investigation and work proactively to ensure that the full context of an allegation is properly considered before a final decision is made. The aim is always to persuade the police or CPS that the evidential threshold for charge has not been met and that the matter should conclude with No Further Action.
This may involve:
- Preparing you for a voluntary police interview or attending the police station with you
- Reviewing disclosure and advising on the strength of the allegation
- Identifying defence material such as CCTV, digital communications or independent witnesses
- Securing evidence that may undermine the allegation or support a claim of self-defence
- Preparing detailed written representations to the police or CPS addressing evidential weaknesses
- Advising on bail conditions and applying to vary or remove them where necessary
In some cases, early intervention can prevent a charge being brought at all. Where the matter does proceed, early preparation ensures that the defence case is already fully developed.
If you have been contacted by the police in relation to an assault or other violent offence, it is important to obtain specialist legal advice as soon as possible.
If you have been asked to attend a voluntary police interview in relation to an assault allegation, it is important to obtain legal advice beforehand. The interview forms a key part of the investigation and the approach taken at this stage can significantly influence the outcome of the case.
Before any questions are asked, we can obtain disclosure from the investigating officer about the nature of the allegation, the evidence gathered so far, and the officer’s initial view of the case. We will seek to obtain as much information as possible so that we can properly advise you on the best strategy for the interview. Depending on the circumstances, this may involve answering questions, exercising the right to no comment, or providing a carefully prepared written statement. In some cases a written statement can be the safest way to put forward an account without being exposed to detailed questioning or having to choose words instantly during interview.
Immediately after the interview can also be an important opportunity to make representations to the police about how the matter should be resolved. This may involve arguing that the evidential threshold for charge has not been met, or inviting the police to consider an out-of-court disposal, such as a caution, or No Further Action.
Allegations of assault involving partners, former partners or family members are treated particularly seriously by the police and the Crown Prosecution Service. For policy reasons, offences said to have taken place within a domestic relationship are approached with heightened scrutiny, and the authorities will often pursue an investigation even where the complainant later indicates that they do not wish to support the allegation. In sentencing, the courts also treat offending within a domestic context as an aggravating feature, which can increase the seriousness of the case.
These allegations often arise during arguments or emotionally charged situations, and the account first given to the police may not always reflect the full context of what took place. In some cases both parties may have been involved in the confrontation, or the allegation may be maliciously motivated.
If you are under investigation for a domestic assault allegation, obtaining specialist legal advice at an early stage can be critical. We can provide clarity about the processes involved, the likely timeframes, and whether there are any proactive steps that can protect your position.
Violent offences are treated seriously by the courts and the potential penalties vary significantly depending on the charge, the full circumstances, and the level of injury said to have been caused.
Less serious cases, such as common assault and assault by beating, are dealt with in the Magistrates’ Court and may result in a community order or financial penalty. More serious offences, including strangulation, ABH and grievous bodily harm, or offences involving weapons, can result in custodial sentences.
When passing sentence, the court will consider a range of factors including the level of injury, the circumstances of the incident, its duration, whether children were present, and whether the allegation arose within a domestic relationship. Previous convictions and the overall context of the incident may also affect the sentence.
Where a client accepts responsibility for an offence, careful preparation of mitigation can make a significant difference to the final outcome. It is not uncommon for some aspects of the offence to be accepted but not the full allegation. In these situations we always consider whether the seriousness of the offence can be reduced by submitting a carefully worded basis of plea. Our solicitors also prepare detailed mitigation and supporting documents to persuade the court to pass a more lenient sentence.
Frequently Asked Questions
The Offences Against the Person Act 1861 defines a range of violent crimes against people. This Act brings together previous laws on non-fatal offences involving physical harm or threats of harm to others. Some of the key sections include wounding with intent, assault causing actual bodily harm, common assault and battery.
In UK law, Murder is when you intentionally kill someone. Manslaughter is when you kill someone, but you did not intend to do so, or you cannot be held responsible for your actions.
Murder and manslaughter are incredibly serious offences and are extremely complex. If you wish to read further to see how we can help you with these matters, go to this page.
Grievous Bodily Harm (GBH) is a serious crime. S.18 GBH involves intentionally causing serious harm to another person. S.20 GBH involves intentionally causing harm to another person, however you may not have intended to cause serious harm that occurred. A conviction for Grievous Bodily Harm (GBH) can result in a custodial sentence. S.18 GBH in particular can lead to significant custodial sentences, if convicted.
If police are questioning you about a possible GBH charge, it is crucial to have skilled legal help from the start. We can offer the advice and support you need.
If you face charges of GBH, the prosecution will be concerned with certain aspects:
· The level and nature of the harm that someone has inflicted; and,
· Your intention to inflict this harm on another person.
· Whether they can identify the suspect
· Any applicable defence such as Self Defence.
Actual bodily harm (ABH) is a violent crime that causes harm to another person. ABH are cases resulting in less harm than GBH, but more significant than a simple assault. It is still considered a serious crime that can lead to a prison sentence of up to five years.
Many of the issues in a case of ABH are similar to GBH and it is important that if you are being investigated or questioned by the police, you should seek specialist legal help right away. Mistakes made during a Police interview can create difficulties for your case. If you have already been interviewed and concerned about your interview our criminal
defence solicitors can give you the advice and support, you need to put you in the best position possible.
If you face a GBH or an ABH charge, getting the right legal advice and representation can significantly change the outcome of your case.
In UK law, the term “assault” is used casually for both Common Assault and Assault by Beating. However, they are different offences.
Common assault is an offence by virtue of section 39 of the Criminal Justice Act 1988. It is defined at common law as:
Any act by which a person intentionally, or recklessly, causes another to apprehend immediate unlawful violence. It is important to note that you do not have to make contact to commit a common assault offence.
An example of common assault is when someone shouts aggressively at another person with a clenched fist, making them fear violence.
In contrast, “assault by beating” involves a physical element and builds on the idea of assault. Assault by beating does not have to mean physically striking a person. Any form of unwanted contact (unless too minor to count [de minimis]) can be an assault by beating, such as pushing or pulling someone.
The maximum sentence for common assault and Assault by Beating is an unlimited fine, six months in prison, or both.
The timeframe can change a lot depending on how a case proceeds. It depends on how complex the case is and the venue of the case. Simple assault cases in the magistrates’ court can be concluded within a few months. However, serious cases that are heard at the Crown Court may take 12 to 18 months to trial. Once instructed, we will provide you with realistic time frames based on your specific circumstances.
Sentences for offences against the person vary widely depending on the seriousness of the allegation and the circumstances of the case. While common assault carries a maximum of six months’ imprisonment, ABH can attract up to five years and s.18 GBH
carries a maximum of life imprisonment, courts also have a broad range of alternatives to custody. Prison can be avoided in favour of suspended sentences or community-based penalties, particularly where the defendant has strong mitigation. These may include requirements such as unpaid work, rehabilitation activity programmes, curfews or electronic monitoring, and ongoing supervision by the Probation Service. At Reeds, we ensure the court has the full context of your case and prepare persuasive mitigation so that, wherever possible, you receive the most lenient outcome available.
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