Common Assault, Assault PC and Assault on Emergency Workers explained by our Assault Solicitors

Profile image of Mary Monson Solicitors criminal lawyer Kellie Dent
Kellie Dent
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Associate Director

Published: 14 Sep 2021Last updated on: 21 May 2022

Being accused of an assault is stressful and worrying. Not only for the person accused but for their family who will worry about the consequences for the accused's career and income. These are different types of assault, which are mainly dealt with by the Magistrates Court alone. However, the new offence of assault on an emergency worker can be dealt with in either the Magistrates Court or the Crown Court. Here we explain the difference between the offences.

Common Assault (s39)

Common assault rarely involves a prison sentence but is still considered an offence of violence, and so a criminal conviction for it is to be avoided if possible. It is particularly worrying for those who work with children or vulnerable adults as well as taxi drivers and people with a professional career.

This offence is committed when someone either applies unlawful force on another person (for example by hitting or slapping) or makes them afraid that immediate force will be used against them (for example by waving a hand or fist closely at another person). There need not be any marks or injury. Any injury or bruising would usually result in the charge being one of ABH.

A first offence usually means a fine or possibly a community penalty, but not usually custody, unless there are features that make the incident more serious, such as other offences, or any allegations of racist behaviour or motivation. It is easy for someone to make an allegation of common assault, and it is generally your word against theirs, but it is important to obtain free legal advice from assault lawyers to ensure that any defence is put forward at an early stage.

Common Assault is dealt with in the Magistrates Court and a conviction can range from a fine, community order and in rare cases a short prison sentence.

This type of assault often arises from a domestic incident between family members and the police will be very keen to obtain an admission during the interview in case the other party retracts their statement or refuses to attend court. Assault solicitors will be able to advise anyone arrested on how to deal with a police interview with the intention of the case not reaching court.

Assault on an Emergency Worker

This type of offence is relatively new, only coming into force in November 2018. The offence is as it sounds. It is where there is an allegation that someone has applied unlawful force on an emergency worker whilst they were carrying out their duty.

Emergency workers range from fire and rescue workers, prison officers, medical staff, paramedics and also police officers. The offence of assaulting a police officer in the execution of their duty still exists, but the prosecution is now more likely to charge someone under this offence.

An act such as spitting or kicking out can amount to an assault. This type of assault is common when someone is being arrested and can be quite controversial as it has been noted that the police can be heavy-handed. It is therefore very important that anyone arrested or charged with this offence seeks free legal advice from experienced assault solicitors.

An assault solicitor will be able to advise you and challenge the evidence if there is a disagreement whether the person was in fact an emergency worker.

The difference with this offence is that it is deemed more serious and can be dealt with in either the Magistrates Court or the Crown Court with the sentencing ranging from a fine to a 12-month prison sentence.

Defences

All the above are offences of violence and a conviction for any of these offences could impact employment and reputation. Assault solicitors would need to review any CCTV evidence that may be available and also request to view any body-worn camera footage to compare against statements.

It is very hard for someone to challenge evidence when they go to court against the police or emergency workers. Even having to defend a case against your family can be stressful and traumatising. It is extremely common for the above offences to arise out of heated, often alcohol-fuelled arguments and people act differently when intoxicated or angry. Assault solicitors will look at all the evidence, challenge it where appropriate and advance mitigation on your behalf when it is a case that someone has acted completely out of character.


Profile image of Mary Monson Solicitors criminal lawyer Kellie Dent

Kellie Dent

Associate Director

Kellie started working for the firm in 2010, having been defending major cases for another leading firm. She is an Associate Director and head of criminal law. She supervises all our criminal cases and herself defends in complex and serious matters.

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