Question 1

Will I have to go to court?

Accepted Answer

If the case is still being investigated by the police, it is not a foregone conclusion that it will go to court. You should be proactive to get a solicitor to try to stop this from happening before the decision is made. It is important not to just rely on the police seeing things in your favour.

Question 2

Will I go to prison?

Accepted Answer

It depends on several factors. This may include how strong the evidence is, the seriousness of the offence, and any previous convictions. We would encourage getting in touch to discuss this.

Question 3

Can I claim self-defence?

Accepted Answer

The law allows you to use reasonable force to defend yourself or someone else. Self defence must be proportionate, so it must not go further than is required by the situation. It also must be the only option. If you can avoid a situation by leaving, the law says that is what you must do.

Question 4

I didn’t touch the person/didn’t cause any injury - how is that an assault?

Accepted Answer

An assault is behaviour that causes another person to fear that they will suffer immediate violence or ‘unlawful force’. Unlawful force can be as low level as unwanted contact and the contact doesn’t have to be made. Waving your fist so someone fears they are about to be assaulted is actually already an assault. ‘Assault by beating’ just means assault by touching. Spitting is also classed as an assault.

Question 5

What is the difference between GBH and ABH?

Accepted Answer

GBH or Grievous Bodily Harm is a more serious offence, usually dealt with in the Crown Court (s.20 cases can also be heard in the Magistrates’ Court). GBH is split into s20 (without intent and less serious) and s.18 (with intent and more serious). ABH is assault resulting in Actual Bodily Harm, which means any injury however minor, and is less serious. It can be dealt with in the Magistrates’ Court or Crown Court, and is less likely to result in prison if the person is convicted.

Question 6

Will the case be reduced to a lesser offence?

Accepted Answer

The prosecution will often charge a person with a more serious offence than there is evidence for. This is so that they have the option of reducing the charge later if the case reaches court.

We're focused on your case being dismissed wherever possible before it reaches trial.

Recent success stories

Client Receives Fine for Assaulting Police Officer

Client Guilty of Assault in a Nightclub Avoids Prison

Contact information

Multiple locations

Call us

Office openings

Send us a confidential message