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Assault & Violent Offence Solicitors

A charge of assault — from a minor altercation to a serious violent offence — can result in a custodial sentence, loss of employment, and a record that follows you for life. The defence must be built from the first contact with police.

Assault charges range from common assault — a summary-only offence triable only in the magistrates' court — to grievous bodily harm with intent under section 18 of the Offences Against the Person Act 1861, which can attract a life sentence. The facts, the intention, and the available defences determine everything. A specialist solicitor attends the police station, analyses the evidence, and prepares the strongest possible defence — whether by negotiating the charge level, challenging the prosecution case, or running a self-defence argument.

Common assault, ABH & GBH Self-defence & consent Police station representation Free initial consultation

The Charges & Available Defences

Assault and violent offences — the charge hierarchy and how the defence is built.

The charge depends on the injury caused and the intention alleged. The defences available depend on the facts. A solicitor will assess both — and advise on the realistic outcome at each court level.

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Common assault (section 39 Criminal Justice Act 1988)

Common assault covers any unlawful touching or the apprehension of immediate unlawful force — no injury is required. It is summary-only, tried in the magistrates' court, and carries a maximum 6-month custodial sentence. A first offence is often disposed of by a fine or conditional discharge. A solicitor will review the prosecution evidence, advise on the prospects of a not guilty plea, and ensure the correct sentencing options are before the court — including community disposals that avoid a conviction or a custodial sentence.

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Actual Bodily Harm (section 47 OAPA 1861)

ABH requires an assault that causes actual bodily harm — injury that is more than transient or trifling, including bruising, cuts, and minor psychiatric harm. It is triable either way — at the magistrates' or Crown Court. The maximum sentence is 5 years' imprisonment. A solicitor will analyse whether the injury meets the ABH threshold (which the prosecution must prove), whether there is a defence, and whether the case is better resolved at the magistrates' court (where sentencing powers are lower) or put to a jury at the Crown Court.

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Grievous Bodily Harm (sections 18 and 20 OAPA 1861)

Section 20 GBH (unlawful wounding or inflicting GBH) requires serious injury but does not require proof of intent to cause it — maximum 5 years. Section 18 GBH (wounding with intent) requires the prosecution to prove the defendant intended to cause GBH or to resist arrest — maximum life imprisonment. The distinction between the two charges is critical to sentence. A solicitor will analyse the prosecution's evidence of intent — and where section 18 is charged but intent cannot be proved, negotiate or argue for a lesser charge at the appropriate stage.

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Self-defence

Self-defence, defence of another, and defence of property are complete defences to assault charges where the force used was necessary and reasonable in the circumstances as the defendant believed them to be. The defendant does not have to retreat before using force. A genuine mistake about the need for self-defence can be relied upon, even if the belief was unreasonable — but the force must have been reasonable given the (mistaken) belief. A solicitor will assess the evidence of threat, the response, and whether the self-defence argument is credible on the facts.

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Affray and public order offences

Affray (section 3 Public Order Act 1986) requires threatening unlawful violence of a nature that would cause a person of reasonable firmness present at the scene to fear for their personal safety. It is triable either way with a maximum of 3 years. Public order offences under sections 4 and 5 (fear or provocation of violence; harassment, alarm or distress) are summary-only. A solicitor will assess which charge is appropriate to the facts and whether the prosecution can prove the specific elements — including the requirement for a third-party bystander in affray.

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CCTV, witness evidence, and prosecution disclosure

Most assault cases turn on the quality of the evidence — CCTV footage, witness accounts, and medical records of the injury. A solicitor will request full disclosure of all prosecution evidence and review it critically — identifying inconsistencies in witness accounts, gaps in the CCTV coverage, and whether the medical evidence is consistent with the prosecution's case. Where the evidence is weak or contradictory, a not guilty plea and trial can succeed. Where it is strong, early guilty plea mitigation prepares the best case for the lowest sentence.

How It Works

An assault charge — however minor it seems — requires a solicitor at the police station before you say anything, and a full review of the prosecution evidence before any plea.

A solicitor will attend the police station, review all disclosure, identify any defence, and advise on plea — with a frank view on the realistic outcome at each level of court.

Submit Your Request
1

Tell us what happened

Describe the incident, the allegation, what stage the proceedings are at, and whether you have been interviewed by police.

2

Solicitor reviews the evidence

A criminal specialist analyses the prosecution case, identifies the available defences, and advises on the realistic outcome at each court level.

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Free initial consultation

You receive honest advice on your position — the charge, the evidence, the available defences, and the realistic range of sentence.

Free Initial Consultation

A conviction for assault stays on your record. The decision about how to plead must be made on the evidence — not on fear of what the process involves.

Get specialist assault defence advice — and a clear view on whether the charge can be defended, or the sentence minimised.

Get Assault Defence Advice

Common Questions

Assault & violent offences — what people ask us.

I acted in self-defence. Will the court believe me?

Self-defence is a complete defence — if the jury (or magistrates) believe it, you must be acquitted. It does not have to be proved by the defendant — once the issue is raised, the prosecution must disprove it beyond reasonable doubt. The key questions are whether you genuinely believed you were at risk, whether the force you used was necessary, and whether it was reasonable given the threat. A solicitor will assess the evidence of threat and the force used — and advise on whether the self-defence case is strong enough to put to a jury.

The complainant says they do not want to press charges. Does that end the case?

No — in England and Wales, it is the Crown Prosecution Service, not the complainant, that decides whether to prosecute. A complainant can withdraw their complaint, but the CPS may continue with the prosecution on other evidence — CCTV, witness accounts, or admissions made in a police interview. A solicitor will advise on the significance of a complaint withdrawal and what other evidence the prosecution is relying on — and where no other evidence exists, make representations to the CPS for the charge to be dropped.

Will I go to prison for an assault conviction?

It depends on the offence, the injury caused, the circumstances, and the defendant's previous history. For a first-offence common assault, custody is unusual — a fine, conditional discharge, or community order is more typical. For ABH involving significant injury or aggravating factors (weapon, domestic setting, vulnerability of victim), a short custodial sentence is possible. For section 20 GBH, custodial sentences are common for serious injuries. A solicitor will assess the sentencing guidelines for the specific offence and facts, and prepare mitigation to achieve the most favourable outcome.

Can I get the assault charge dropped to a lesser offence?

Sometimes — the CPS charges at the level the evidence supports, but may accept a guilty plea to a lesser offence where the evidence for the more serious charge is not strong. This is called an "acceptable lesser plea" or a reduced plea. Whether the CPS will accept it depends on the strength of their evidence for the higher charge and the nature of the injury. A solicitor will review the evidence and, where it supports a lesser plea, make a written approach to the CPS before the trial date to seek agreement.

I have been charged with assault in a domestic setting. Does that change the case?

Yes — domestic abuse cases are treated differently by the CPS and the courts. The CPS Domestic Abuse Guidelines require prosecutors to look at all available evidence and, where possible, proceed without relying solely on the complainant. Courts take a dim view of domestic violence, and bail conditions (no contact with the complainant) are typically imposed from the outset. A solicitor will advise on the specific features of domestic cases — including special measures for complainants and the court's approach to sentencing — and prepare the defence for the realities of how these cases are prosecuted.

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