Assault & Related Offences

Introduction

Crimes involving violence, such as assault and robbery, are very common in the Scottish Criminal Courts. They are prosecuted on a daily basis and the solicitors at Graham Walker Solicitors have therefore extensive experience defending those accused of them. 

Definition of ‘Assault’

An assault is an attack on another person. An assault requires ‘evil intent’ which means that an assault cannot be committed recklessly or by accident. Furthermore, an assault does not require physical contact with the person. Instead, an assault can be committed by using threatening gestures or doing something which causes the person to fear that they will immediately be subject to physical violence. It is also possible to indirectly assault someone, which means without there being direct contact between the accused and the victim. Some examples of this are when someone spits on another person, or sets dogs on them. 

Related Offences

As assault or threat of violence also forms the basis of other offences, such as robbery, abduction, and extortion. 

Aggravations

Charges of assault are often accompanied by facts that make the charge worse, such as the following:

• That the assault was serious in nature
• That the assault involved use of a weapon
• That the assault resulted in injury or severe injury
• That the assault resulted in permanent disfigurement
• That the assault was to the danger of the complainer’s life

If the charge includes one or more of these aggravations, then any sentence imposed will always be worse than if the aggravation was removed. If the assault is to the severe injury and/or permanent disfigurement and danger of life, it is likely that the sentence will be one of imprisonment. 

Why Instruct Graham Walker Solicitors?

A charge of assault is potentially very serious. It can often result in a jail sentence. It is therefore crucial to ensure that an experienced expert criminal practitioner examines the case against you in order to ensure that what you are charged with does indeed constitute an assault, and also to ensure that there aren’t any legal ways for you to be acquitted of the charge. Therefore, if you have been charged with an assault, contacting Graham Walker Solicitors and seeking our expert advice will maximise the chances that you are acquitted of the charge.