Assault & Violent Crimes Solicitors
Assault & Violent Crimes Solicitors
Assault and violent crimes are among the most serious offences within the UK criminal justice system. These crimes can result in life-changing consequences for both the victim and the accused. Whether you are facing allegations of common assault, grievous bodily harm (GBH), or more severe violent offences such as murder or manslaughter, it is crucial to secure professional legal representation. McArthur Solicitors specialises in defending clients accused of assault and violent crimes, offering expert legal advice and dedicated defence strategies.
If you are facing charges of violent crime, it’s essential to understand the gravity of the situation and the legal process involved. Violent crime convictions can carry severe penalties, including prison sentences, significant fines, and long-term social consequences. A criminal solicitor’s role in these cases is to ensure your legal rights are protected, providing the best possible defence for your situation.
What Constitutes Assault & Violent Crimes?
In the UK, violent crimes are defined broadly, encompassing a variety of offences where force is used against another individual. Common examples include:
Common Assault
A less serious form of assault, where the victim experiences the fear or threat of harm but no actual injury. Common assault can occur in situations such as arguments or physical altercations where no weapons are used.
Grievous Bodily Harm (GBH)
A more serious offence involving the infliction of serious injury on another person. This can be with or without a weapon, and the injury must be substantial. GBH cases often involve physical violence such as beating, stabbing, or using an object to cause harm.
Wounding
Wounding involves breaking the skin or causing serious injury to another person. This can result from an attack with a weapon or an unprovoked assault. Wounding carries severe penalties, particularly when it leads to long-term harm to the victim.
Robbery
This is theft combined with force or the threat of force. Unlike simple theft, robbery involves the use of violence or threats to steal from someone. The use of a weapon, whether a firearm or a knife, can increase the severity of the charges.
Murder and Manslaughter
Murder is the unlawful killing of another person with intent, while manslaughter can occur when the killing is unintentional but the defendant’s actions still led to the victim’s death. These charges carry the most severe penalties, including life imprisonment.
The Legal Process for Assault & Violent Crimes
When facing charges of assault or violent crime, the legal process begins with an investigation. The police will gather evidence, interview witnesses, and examine any forensic evidence, such as DNA or fingerprints. You may be arrested and questioned, or a warrant may be issued for your arrest if you are a suspect.
Once charged, your case will proceed through the criminal courts. In serious cases, the matter may be heard in the Crown Court, where the judge and jury will decide your fate. During this process, your criminal solicitor will gather evidence to challenge the prosecution’s case and build a strong defence.
Our expert serious crime solicitors at McArthur Solicitors will be by your side throughout the entire legal process. We’ll break down the process and keep you updated regarding our actions, and develop a strategy suited to your situation.
Defences to Assault & Violent Crime Charges
Defending against charges of assault or violent crime can be complicated, as the evidence against the accused can sometimes seem overwhelming. However, there are several potential defences that could be used:
- Self-Defence: This is one of the most common defences in violent crime cases. If you were acting to protect yourself or others from harm, you may be able to argue that the force you used was necessary and proportionate to the threat you faced. However, self-defence does not allow for excessive force or retaliatory violence.
- Lack of Intent: Many violent crime charges, such as those related to GBH or wounding, require intent to harm. If you can demonstrate that you did not intend to cause harm to the victim, your charge may be reduced or dismissed. For example, if an injury was caused accidentally during a fight, this might be used to challenge the severity of the charge.
- Mistaken Identity: In some cases, the wrong person may be accused of a violent crime. If there is insufficient evidence linking you to the crime scene or the victim, your solicitor can challenge the identity of the perpetrator, potentially leading to the dismissal of charges.
Violent crime solicitors are skilled in defending against assault cases, and will work to build a strong case to combat accusations.
How McArthur Solicitors Can Help
At McArthur Solicitors, we understand the devastating impact that being accused of assault or violent crime can have on your life. Our experienced criminal defence solicitors specialise in representing clients charged with violent offences, providing a thorough and effective legal defence.
Our approach is focused on protecting your rights, investigating all aspects of your case, and developing a strong defence strategy tailored to your specific circumstances. We will guide you through each step of the legal process, from the initial police investigation to court proceedings, ensuring that you receive the best possible legal representation.
Penalties for Assault & Violent Crimes
The penalties for violent crimes can vary widely, depending on the severity of the offence, the circumstances surrounding the crime, and the impact on the victim. For example:
- Common Assault: Typically carries a penalty of up to six months in prison or a fine, but in some cases, community service or probation may be considered. Although less serious, a conviction for common assault can still carry long-term consequences, such as a criminal record and potential impact on employment.
- Grievous Bodily Harm (GBH): A conviction for GBH can lead to prison sentences ranging from five years to life imprisonment, particularly if a weapon was used or the victim suffered lasting harm.
- Wounding: The penalty for wounding can range from a community sentence to several years in prison, depending on the severity of the injury and whether the offence was premeditated or part of a pattern of violence.
- Robbery: Robbery is treated as a serious crime, with penalties ranging from several years in prison to life imprisonment, particularly if a weapon was used during the offence.
- Murder & Manslaughter: Murder is one of the most serious charges in the UK, with a mandatory life sentence for those convicted. Manslaughter sentences vary, depending on whether the killing was voluntary or involuntary.
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FAQs About Assault Solicitors
To be guilty of this offence, you either have to be violent to a person or make them believe they are about to be attacked. Both intentional and reckless offences are covered by this offence. Common assault is a charge used for the least serious type of assault where usually there is no or little injury caused. If you are found guilty of this offence (provided that the assault is not racially or religiously aggravated), you can be imprisoned for a maximum of six months. This charge would only be heard in a Magistrates Court.
Grievous bodily harm (GBH) is the most serious of non-fatal physical assaults. There are two types of GBH which are defined in Sections 18 and 20 of the Offences Against the Person Act 1861. Whilst the legislation is old, the law remains relevant and it is vital to understand the distinction if you are under investigation or facing a charge for this serious criminal offence.
Both types of GBH involve either unlawfully wounding another (i.e. the cutting of the skin) or causing really serious injury to another person. This could range from broken bones to life-threatening injuries. With knife crime having dramatically increased in recent years, GBH offences are being charged more and more often, with stabbings classified as GBH-level injuries (wounds).
An offence of GBH may be committed intentionally which means that the resulting ‘really serious injury’ is the consequence a person wishes to bring about. This is the more serious of the two GBH offences and is contained in Section 18 of the Offences Against the Person Act 1861. An offence of GBH can also be committed recklessly, where a person does not intend to cause really serious injury but realises the risk that they may cause grievous bodily harm by their actions and proceeds to take the risk anyway. Although the person did not necessarily mean or intend to cause the injury, if they acted maliciously, they may be guilty of an offence of GBH contrary to Section 20 of the Offences Against the Person Act 1861.
