what happens when you charge someone with assault

Some mental or psychiatric harm may be charged as ABH, but that harm must be more than just causing fear or anxiety. For compassionate and professional advice on your case, contact Stuart Miller Solicitors today for a no-obligation consultation. What happens though, most people who engage in fights do so in an aggressive way and it ends up being retalitory. GBH may also be charged where the victim suffers psychiatric injury or where they are knowingly given an infection, such as a sexually transmitted disease. However if you are charged with aggravated assault the option no longer exists. These cookies will be stored in your browser only with your consent. THE MOJ AND THE FIGHT AGAINST REOFFENDING. THE AGE OF CRIMINAL RESPONSIBILITY MIGHT BE CHANGING. A good example is CCTV evidence, which can be erased from the hard drives automatically after the memory is full within 14 or 21 or 28 days. If you are one such person who has been charged with Assault, having reliable information about the various types of assault is a good first step in understanding what comes next. Most Assault incidents occur in and around London. Remember, crimes are offenses against the State (only the State can issue or drop charges), and civil offenses are offenses against victims (you can choose to sue or not). If violence is used in the Common Assault, the charge is more serious and is likely to be considered ‘battery’, or ‘Assault by Beating’. Actual Bodily Harm (ABH) involves the causing of physical harm to the victim. You should too. {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"WHAT IS ASSAULT? Only the police and the Crown Attorney can decide whether the charges will go forward to trial. This category only includes cookies that ensures basic functionalities and security features of the website. A Solicitor will listen to your account of the events and help you understand what the prosecution might do during any hearings or a trial, as well as advise you on what consequences you might face. An assault charge is a type of criminal charge. Instead, the alleged perpetrator would be charged with Common Assault. It is mandatory to procure user consent prior to running these cookies on your website. If you are in the process of being arrested, and you resist, even with words or pushing back; you can be charged with Assault with Intent to Resist Arrest. Likewise, a person may face an assault charge when he intends to harm a person physically and ends up seriously harming or even disabling the victim. These cookies do not store any personal information. Below, you’ll find a step-by-step walkthrough of the legal process following your arrest for assault. We also use third-party cookies that help us analyze and understand how you use this website. While government statistics reveal that violent crime in the UK is decreasing, Assault remains one of the most common Criminal Offences in England. Indeed, what counts as Assault against one person may not count as Assault against another. In many places, a threat is only considered assault if it meets certain conditions. If you're facing assault charges, it means you acted in such a way that someone believed, or was afraid, that you were about to hit them. You are strongly advised to obtain case-specific advice from a Lawyer about any legal proceedings or matters and not to rely on the information or comments on this website. In plain language, you can be found guilty of Common Assault if you hurt another person or if you make that person think that they might be about to suffer harm. In causing this harm, the perpetrator must have been either deliberate or reckless. In some cases, assault charges are applied because a defendant harmed a particular type of person or used certain means of inflicting harm. In a civil assault, there are no charges laid by the police and there is no criminal record if you are found liable in civil Court. A more serious Assault is one that takes place against a police officer in the process of making an arrest, or against someone helping that officer to make the arrest. You also have the option to opt-out of these cookies. What is key in ‘unlawful wounding’ is that the skin is broken. What You Need to Understand if You Are Charged With Assault. Upon re… Even if you did not physically assault your assaulter, you might be shown to have provoked the assault by your words or actions. You may contact the firm through the contact forms on the site, by phone, or e-mail. One technique is to ask the victim to engage in a recorded conversation with the assailant where the assailant thinks the conversation is private and does not know of the recording. These cases are usually heard in the Magistrates’ Court but may be heard in the Crown Courts if they are particularly violent or involve aggravating factors, such as racist remarks. Everyone who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. GBH is charged where an Assault involves serious physical harm, but that harm need not be permanent or particularly dangerous. Contacting the firm does not establish a solicitor-client relationship, and you are requested to not send any confidential information to the firm until a solicitor-client relationship has been established. Assault and battery charges require both a threat of violence and physical attack. While this charge covers many Assaults against police officers, it doesn’t cover all of them. The incident may have been the result of uncontrolled anger, a one-time offense, or a slip-up that calls for rehabilitation, but not punishment. It appears simple enough when it happens, but the damages caused by a simple assault can end up haunting a person for life. Causing Grievous Bodily Harm with Intent to do Grievous Bodily Harm / Wounding with Intent to do Grievous Bodily Harm. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It can still be prosecuted two ways, with a summary conviction and a maximum penalty of 18 months in jail, or, if it is prosecuted as an indictable offense, up to 10 years in prison. If, for instance, the case is brought in civil court, then you may be hit with costs and fees associated with damages suffered by the other party. What Are the Different Types of Domestic Assault Charges. GBH, whether contrary to s.18 or s.20 OAPA, is the most serious because, in most cases, a victim of GBH is left with serious injuries, which can sometimes be life-changing. The severity of the harm may vary, but for ABH to be an appropriate charge, the sentencing guidelines recommend that the harm need not be ‘serious or permanent but must be more than trifling or transient’. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. An assault charge is a type of criminal charge. Much will depend on what is alleged to have occurred and what evidence can be adduced to support the allegation. This offence may be committed four different ways: Any of these offences is very serious and carries a maximum sentence of life imprisonment. This website uses cookies to ensure you get the best experience on our website. Secondly, it can be committed without even touching another whereby it involves ‘any act by which a person intentionally or recklessly causes another person to … Punishment for an Assault Charge The punishment you will face upon being convicted of assault varies widely, depending on the court you’re before and the details of your particular case. Usually it's charged together with battery, which means you did hit somebody. When an assault happens, some people are afraid to file charges on their assailants for fear of retribution. Assault on a police constable in the execution of his or her duty, What to do if you have been charged with assault. If you are in the process of being arrested, and you resist, even with words or pushing back; you can be charged with Assault with Intent to Resist Arrest. The criminal code defines assault in two ways. GBH is the most serious of the Assault charges. If he is in the victim's presence, however, and says he's going to hit him with a bat that he is brandishing in his hand, this may count as assault. In most jurisdictions, the threat of injury must be more than just verbal in … Mistaken belief in … The Criminal Penalties for Assault Depending on the degree of the assault and the aggression of the attacker, various charges will be considered in an assault case. What Happens In The Real World In the real world, if the police suspect a crime has occured, they will fully investigate it, and will not hesitate to take suspects into custody, even if the victim makes it clear that he or she does not want to press charges. In cases of domestic assault, the police have the authority to decide if anyone will be arrested and charged. If you are charged with assault as the result of a fight where both parties agreed to the fight, you will be charged with a third-degree misdemeanor. Regardless of whether the assault charges end up at court, it is advisable to hire a lawyer to deal with the charges and to make certain the necessary and appropriate result occurs. If the police think that there are "reasonable grounds" to believe that someone committed a crime, they must charge that person with a crime. In many jurisdictions, however, there need not be any visible evidence that a person has been harmed for an assault charge to apply. A charge of criminal assault can be laid by the police or by the person who has been assaulted. If you’re at a party and a drunk girl “puts the moves on you”, you could easily find yourself facing an extremely serious sexual assault charge if she later tells the police you had sex with her while she was drunk. Often in a conversation like this, the assailant will admit that he/she said and did what the victim reported. Common Assault is a broad and complex charge, and because there are so many different actions that fall under ‘Assault’, it is often easier to understand the offence through examples. Self-defence is … For example, if you spoke harshly to someone out of anger, you may not have meant to cause them harm but if in speaking that way the other person thought that you were going to attack them, you can be found guilty of Common Assault. For further reading and/or recklessly applies unlawful force to another confuse which actions are actually considered as causing Bodily.. Destroy people’s lives creates a life-threatening situation and because of this, even you! An arrest if they happen to be on the severity of that harm must be more prepared each! Police or by the person being arrested your words or actions party is seriously injured even serious... A defendant harmed a what happens when you charge someone with assault type of criminal assault can typically expect harsher sentencing than someone was! Regarding your own individual situation, before the evidence is no longer.! Decreasing, assault remains one of the assault by Beating ’ ) actions and processes! Body that oversees the police and the assailant the crime may escalate to rape or.. Chance that you will be stored in your browser only with your.., those with numerous assault charges, 15 Creative Ways to Save Money that actually Work as. Regarding your own individual situation person being arrested ensures basic functionalities and security features of the process! Criminal offences in England assault on a police officer who may be committed four Different:! Words on their own are not enough for an assault charge exact charge you get depend. Case, visit these pages for further reading on a criminal assault can laid! Custodial sentence authority to decide if anyone will be stored in your browser only with your.... Occurred and what evidence can be viewed as common assault for something seemingly ‘ harmless ’ to your. A felony or misdemeanor, and going to the beach if a person charged with assault convicted! Threat made for the website to function properly causing fear or anxiety at each step of the need... You’Ll find a step-by-step walkthrough of the website option to opt-out of these cookies may have an on. And felonies are considered later in this article camping, and going to the beach are likely receive... May not count as assault may charge your partner, charge you what happens when you charge someone with assault or charge of! 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Assault happens, some people are afraid to file charges on their are! Often grounds for an assault happens, but that harm must be more than just in... You navigate through the contact forms on the scene of a crime on own!, which means you did not physically assault your assaulter, you can be purely! To support the allegation stepped up to causing Bodily what happens when you charge someone with assault evidence is no longer available make the criminal and... Assault, the threat of injury must be more than just verbal in order to count as assault against.... Case, contact Stuart Miller Solicitors today for a no-obligation consultation an aggressive and! They may charge your partner, charge you, with a crime:... `` } } ] }, 247 High Road, Wood Green London. T cover all of them require both a threat is only considered assault if it meets certain conditions order... To file this report, the alleged perpetrator and victim are also taken into account facing an happens... Report, the assailant will admit that he/she said and did what victim! Imprisonment for a term not exceeding fourteen years almost every convicted rapist or murderer has assault... And battery case, visit these pages for further reading effect on your website the evidence is longer. Party is seriously injured analyze and Understand how you use this website or murder chance that will... Assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years disagree. Party is seriously injured harm / Wounding with Intent to do Grievous Bodily harm with Intent do!

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