Section 39 Defence
Although there are many varied Section 39 Defences the following are those most regularly seen and dealt with by the Magistrates court:-
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.
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.
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.
Professional Defence Lawyers Can Help
Our Common 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.
At Professional Defence Lawyers you will only be advised by a solicitor with at least 25 years experience in Section 39. At court you will be represented by the by a solicitor or barrister of the appropriate level of experience and knowledge.
If you are being charged with Section 39 contact us today for the best possible defence. Call us on 0800 634 7022.
FREE Assault Defence Assessment
Fill out our free and confidential Assault Defence Assessment form to get started. Once we receive your assessment one of our experienced lawyers will be in touch to discuss your Common Assault case further.
Q: What will be the Cost?
At Professional Defence Lawyers we will tell you at the outset of your case exactly what our fixed fee will be for your case. Any fee agreed will be clearly advised and will include the cost of all aspects of your case including advice, preparation and representation at court
Q: What Areas do you Cover?
As specialist defence lawyers we cover the whole of England and Wales. We do not charge travelling expenses. The fee for dealing with your case will be the same wherever it is in the country.