Assault and Abuse

When you are facing an allegation of assault, our violence offences solicitors can protect your legal rights, build a robust defence and advocate on your behalf.

What Do Assault Lawyers Do?

Assault lawyers defend against allegations of causing another person to fear immediate unlawful violence or injuring another person. They protect your legal rights and help you reach your best outcome by advising and representing you during the legal process. To build a defence, they may gather witness statements, locate supportive evidence and instruct expert witnesses, such as medical or forensic experts.

For serious types of assault, such as grievous bodily harm (GBH) and non-fatal strangulation, the maximum sentence is life in prison. When you have been accused of assault, it is essential to seek support from violent offence solicitors as soon as possible; receiving the right advice early on can significantly impact the outcome of the investigation.

Newtons violent crime solicitors are experienced in defending against various forms of assault, including:

Common Assault or Battery (Section 39 Assault)

Under the Criminal Justice Act 1988, Section 39 covers the threat of violence or the lowest level of physical violence, including common assault and battery. Common assault involves intentionally or recklessly causing another person to fear immediate unlawful violence through threatening behaviour (such as verbal threats, raised fists or brandishing a weapon). In contrast, battery involves using unlawful physical force (such as spitting, shoving, slapping, hitting, kicking or beating). As Section 39 assaults do not result in severe injuries, penalties typically include a fine, community order or up to six months in prison.

Actual Bodily Harm (ABH) (Section 47 Assault)

Actual Bodily Harm (ABH) is a criminal offence under Section 47 of the Offences against the Person Act 1861. It involves an intentional or reckless assault that results in injuries to the victim, such as bruises, scratches or minor cuts. Sentencing can range from a community order to five years in prison, depending on the severity and the intention behind the attack. Some intentions, such as racial or religious discrimination, can increase the maximum sentence for ABH to seven years in prison. Pre-planned and discriminatory attacks are the most serious instances of assault and result in the harshest punishments

Grievous Bodily Harm (GBH) (Section 20 Assault)

Grievous Bodily Harm (GBH) is a more serious offence than ABH. This is when an attack leaves a victim with major injuries, such as deep cuts, broken bones or concussions. People accused of GBH are deemed to have foreseen that their actions would cause some physical harm, though perhaps not the full severity of the resulting injury. Under Section 20 of the Offences against the Person Act 1861, sentencing can range from a community order to five years in prison, although, as with ABH, assaults motivated by discrimination against people with protected characteristics carry more severe sentences.

Grievous Bodily Harm (GBH) with Intent (Section 18 Assault)

The law distinguishes between reckless and intentional harm, and consequently between Section 20 and Section 18 assaults. Several factors can determine intent, such as multiple strikes, use of a weapon or evidence of planning. GBH with intent is the most serious non-fatal violent offence in England and Wales and carries a maximum sentence of life in prison. Judges also adjust sentences based on specific circumstances and aggravating factors, such as assaults motivated by discrimination against people with protected characteristics, use of a highly dangerous weapon and previous convictions.

Types of Assault and Abuse Cases

Newtons has an excellent track record for resolving cases before they reach court, as well as securing acquittals and case dismissals. Our offences against the person solicitors are prepared to advise and represent you in all types of assault and abuse cases, including:

Assault and GBH

Assault encompasses common assault or battery, ABH, GBH and GBH with intent. Ranging in severity, these charges carry significantly different minimum and maximum sentences. Whatever your circumstances, our violent crime solicitors are on hand to defend you against allegations of Section 39, 47, 20 and 18 assaults.

Controlling and Coercive Behaviour

According to Section 76 of the Serious Crime Act 2015, it is an offence to use controlling or coercive behaviour in an intimate or family relationship. As defined by the government, coercive or controlling behaviour involves isolating a person from their family, friends and support system in order to make them feel inferior and/or dependent. This can also include acts of assault, humiliation and intimidation that are used to harm, punish or frighten.

Domestic Violence

Under the Domestic Abuse Act 2021, domestic violence or abuse occurs between individuals aged 16 or over who are personally connected, such as family members or intimate partners. The alleged behaviour may involve a single incident or a course of conduct and include abuse of a physical, sexual, psychological or economic nature.

Harassment and Stalking

In UK law, harassment and stalking are defined as repeated, unwanted behaviour that causes distress, alarm or fear of violence. While closely related, these offences are distinct. Harassment may include sending abusive text messages, posting abusive messages online, repeated antisocial behaviour and making unwanted or offensive phone calls. Stalking is a form of harassment where the accused party is alleged to have an obsession with the victim. It may include following the person, spying on them and visiting their home uninvited.

Non-Fatal Strangulation

In medical and legal terms, non-fatal strangulation occurs when pressure is applied to the neck or throat that restricts air or blood flow without causing immediate death. It can have serious or life-threatening consequences, even when there are no visible injuries, which is why it is recognised as a distinct form of harm. The maximum sentence is typically five years in prison, rising to seven years if the alleged attack was racially or religiously aggravated.

Assault Defence Solicitors

Newtons’ lawyers for assault operate throughout the North of England, providing legal advice and representation to individuals facing allegations of violent crime. We are experienced in building defence strategies for every type of assault and abuse case, and will loyally stay at your side throughout the legal process. For more information about our assault defence solicitors’ services or to arrange an initial consultation, please contact us today.