Battery & Assault Charges
Are you being charged with battery & Assault offences? Our professional Battery & Assault specialist Lawyers can help.
Battery is often described as intentional physical contact with a person without his or her consent that results in some sort of physical or mental harm. Battery is an act that causes physical pain or injury to a person's body.
The Difference between Battery & Assault
This occurs if the defendant intentionally or recklessly causes another person to fear or apprehend immediate and unlawful violence. It is the causing of the fear of violence which is the assault, even if no violence is used. This is a very wide definition and can include an offence committed by words alone. This was illustrated in one appeal court case where a man's conviction was upheld after he had repeatedly made silent phone calls to a number of women. It illustrates the point that, even without violence being used, the causing of the immediate fear or apprehension of violence amounted to a common assault.
This is committed if a person intentionally or recklessly on applies unlawful force to another person. Once again this is a very wide definition and does not have to result in injury. People are regularly convicted of common assault for spitting on another person. There is no injury but it amounts to a common assault by beating.In order to be guilty of assault or battery, a person must either have to intend that physical force is used for fear, or being reckless as to whether either occurs.
Battery & Assault Lawyers
Unlike many other law firms you will only ever be advised by a senior solicitor. Both Rob Bimpson and Tim Chapman have been qualified as solicitors for over 20 years and have handled numerous common assault cases.
Rob Bimpson is widely regarded as having extensive knowledge and experience in defending a vast amount of criminal prosecutions. He has extensive experience of representing clients being prosecuted for offences of assault and violence. He cares passionately about the interest of his clients and is regarded as a very persuasive Court advocate.
Tim Chapman is regarded by those both in the profession and out of it as having a wide knowledge and experience of all aspects of the criminal law. He has a keen attention to detail and is a fine and established Court advocate.
Defences to Common Assault
Although there are many varied defences to the charge of common assault the following are those most regularly seen and dealt with by the Magistrates court:-
1. SELF DEFENCE- The law will allow a person to use reasonable force to prevent any unlawful violence against them or another. If a person is using force against an assailant to prevent this, then that person's conduct is not unlawful but is justified in law. The court will always consider whether the force used by the individual was reasonable and proportionate. Whilst the court will allow reasonable actions to amount of self defence, the amount of force used must be sufficient simply to prevent any assault . Once an assault has stopped, there is no longer a legal justification for the continued use of force. Very often an individual will continue to use force against the perpetrator, after the initial assault has taken place. The danger here is that the person then goes from being the victim , to the perpetrator of an assault.
Self defence can apply where an individual has not actually been assaulted but has genuinely and reasonably feared an immediate attack. Once again provided reasonable and proportionate, the law will allow a pre-emptive strike.
2. ACCIDENT – there are many cases where a person has received injury, entirely by accident. This can be if an incident occurs in a busy or public place. There can be circumstances where a person's behaviour has been quite reasonable, not reckless, but has inadvertently caused injury to a third party. If the MagistrateS Court accepted that an injury caused was by accident, then this would amount to a defence.
3. FACTUAL - In many cases where a person is charged with common assault, their defence may simply be that the complainant is telling lies. For many and varied reasons, people will make false allegations of assault. If the allegations are false, there will often be no corroborating evidence such as photographs of injuries, independent witnesses etc. As with all charges of common assault, expert cross-examination of any complainant in such a case is vital so as to expose the dishonesty of any prosecution witnesses.
Why choose our Battery & Assault Lawyers?
Our Physical Assault Lawyers have established a working relationship with some of the finest barristers in the country. Should any proceedings require representation by a barrister you can rest assured that only those barristers that we feel will give you the very best assistance will be incorporated into the legal team.
The majority of battery & assault cases we have worked on has ended with our client not facing a prison sentence. This is especially the case if the defendant has no previous convictions, the offence was not premeditated and there are no aggravating features such as kicking an individual whilst they are on the ground.
However, because the offence is serious and the consequences potentially so serious to the defendant, it is vital that high level specialist experienced defence lawyers represent the defendant charged in such circumstances.
At Professional Defence Lawyers you will only be advised by a solicitor with at least 20 years experience. At court you will be represented by the by a solicitor or barrister of the appropriate level of experience and knowledge.