Assault

The basic definition of assault is an attack on the person of another, with evil intent to either cause injury or fear of injury. A lawyer for assault charges at Graham Walker Solicitors has years of experience after dealing with 100s of cases so you can be sure you are in good hands.

Assault FAQ

A: Assault is an attack on another person, where there is intent to cause injury or the fear of injury.
A: Yes. If you cause another person to fear being injured from your actions then you can be charged with assault.
A: If you have been charged with assault this can be a very stressful time. Particularly if you believe you are innocent / acted in self-defence. The most important thing to do is to get representation from an assault lawyer. Our team at Graham Walker Solicitors have vast experience in assault charges and have had many cases thrown out of court and charges reduced so that you can continue living the life you have. Don't hesitate contact a lawyer for assault case today.
 

A punch a kick a slap shooting stabbing pushing shoving spitting for example. Swinging a punch but missing is an attempted assault. If you need a lawyer for an assault case, contact us now. Assault is taken very seriously in Scottish courts. 

Injury is not always necessary for the crime to have been committed in the first place. There are degrees of aggravated assaults that take harm caused into account. In rough reverse order of seriousness, they are:

  1. Assault to injury (e.g. scratching/bruising)
  2. Assault to severe injury (e.g. deep wounds, broken bones)
  3. Assault to severe injury and permanent disfigurement (e.g. attacks that will leave permanent scarring)
  4. Assault to severe injury and permanent impairment (e.g. loss of vision)
  5. Assault to the danger of life (e.g. throwing someone out of a moving vehicle – the sort of assault that might endanger someone’s life, whether or not any injuries were actually life-threatening)

You can assault someone without touching them.  Gestures that cause fear of injury (e.g. brandishing a weapon at someone) can constitute assault.

The offence of assault and robbery (in other words, carrying out a “mugging”) is when an assault (often by threats causing fear of injury alone) is aggravated by a connected theft. 

Mens Rea – “evil intention.”

One of the most important things to know when considering whether something is an assault or not is this:

Lord Advocate’s Reference (No. 2 of 1992) (1993 JC 43)

“assault cannot be committed accidentally or recklessly or negligently.”

  • The accused had been charged with assault with intent to rob and attempted robbery.
  • He had brandished an imitation gun in a shop and demanded that the owner “get the money out of the till and lie on the floor.” When confronted, he ran away.
  • At trial, his position was that his actions had been a joke.
  • He was acquitted, but on reference to the High Court, it was held that the accused’s motive for acting was different from his intention. As he had acted deliberately, this was enough to constitute assault.

Self-defence

If you acted in self-defence then you may be acquitted of all charges. Our specialist lawyers have experience in putting a case forward for self-defence. Therefore, you should contact us immediately if you are facing this allegation.

Lawyer for assault case

If you have been charged with assault or aggravated assault then you should contact us immediately. Our assault specialist lawyers will help you to build a strong case from the get go.

Legal aid Scotland lawyer for assault case

Legal aid for assault charges may be available to you. Contact our team of specialist assault lawyers, and they will talk you through the options available. Legal aid helps you get the best defence which we believe is at Graham Walker Solicitors.

Provided sound expert advice and always available, with honest opinions regarding any queries I had.

G. Ruthven
G. Ruthven