Affray, Assault and Battery

Our criminal defence team have decades of specialist experience providing clear and practical advice to and representing many thousands of clients accused of assault or other public order offences such as affray in the Magistrates Court and the Crown Court.

We have an excellent track record of success with a representation of clients throughout England and Wales in this area of criminal law. It is important that you are represented by a team of criminal law specialists to provide you with the best chance of securing the most favourable case option for you.

Significant issues often arise within this area of criminal law involving for example, mistaken identity, self defence, provocation, the nature of any Prosecution forensic evidence and medical evidence particularly as to whether the alleged injuries are consistent with the allegations made.

There are a number of different types of assault allegations that you may be accused of:-

1861. Grievous bodily harm and wounding (GBH with or without intent) contrary to Section 18 and Section 20 Offences against the Person Act 1861.

Section 18 requires the intent to cause really serious harm and can only be tried at the Crown Court.

Section 20 covers the situation where the attacker only intended to cause “some harm or pain” rather than “serious bodily harm”.  Section 20 offences carry a maximum sentence of 5 years imprisonment whilst the maximum sentence for Section 18 is life imprisonment.  Section 18 cases must be dealt with at the Crown Court and in almost all circumstances Section 20 cases are also dealt with at that Court.

1. Section 47 Offences against the Person Act 1861 – Assault occasion actual bodily harm (ABH).

This is where the assault is alleged to have resulted in harm, such as a scratch and/or bruising, and there was an intention present to assault the other person.  ABH cases also carry a maximum sentence of 5 years imprisonment but are usually dealt with at the Magistrates Court.

1. Section 39 Offences against the Person Act 1861 – Common assault or assault by beating.

This offence occurs when unlawful force is applied on another (for example a slap) or makes another person afraid that immediate force will be used against them (for example waving a fist directly at them).  It is not necessary for any injury to be cause to any Complainant.  Common assault can only be tried at the Magistrates Court and a maximum of 6 months imprisonment.

1. Affray and Other Public Order Act 1986 Offences

To be convicted of affray the Prosecution must prove beyond reasonable doubt    that you have used or threatened unlawful violence against another person        and that if a reasonable person saw your behaviour they would fear for their safety.

Again, we have specialist experience representing clients nationwide who are accused of public order type offences such as:

• Violent disorder and riot.

• Section 4 Public Order Act 1986 – causing fear or provocation of violence.

• Section 4 Public Order Act 1986 – intention or harassment alarm or distress.

• Section 5 Public Order Act 1986 – disorderly behaviour.

• Racially aggravated public order offences.

• Football related public order offences.

• Possession of a bladed instrument or offensive weapon allegations.

From our vast experience of defending these sorts of cases, we believe that the quicker you contact us to ask for our specialist assistance, the more potential we have to obtain a favourable case outcome for you.

If you are facing questioning by the police regarding affray, assault and battery, you should call our Criminal Solicitors immediately on our 24/7 number: 01708 766155