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. If you’re searching for assault charges Scotland lawyers then look no further.
Assault charges Scotland
You can be charged for assault for many different things. 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 as it is a crime of violence.
Aggravated assault lawyers
It isn’t necessary for a victim to be injured in order to be charged with assault. There are degrees of aggravated assaults that take harm caused into account. You may be charged with aggravated assault if the offence of assault involves certain factors. These factors can be causing permanent disfigurement or scarring, using a weapon during an attack, attacking someone in their place of work/residence as well as if the assault involves a racial motive. Examples of what constitutes assault are below and are in order of lowest to highest severity.
- Assault to injury (e.g. scratching/bruising)
- Assault to severe injury (e.g. deep wounds, broken bones)
- Assault to severe injury and permanent disfigurement (e.g. attacks that will leave permanent scarring)
- Assault to severe injury and permanent impairment (e.g. loss of vision)
- 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 do not have to touch a person to assault them. Fear of injury can be caused by a range of gestures. For example, if you were holding a weapon then people around you may fear you will use it to injure them. Examples like this may also involve the offence: possession of an offensive weapon. You must contact our assault lawyers if charged with 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:
“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.
So if you accidentally bump into someone in the street and they fall over, you don’t have to worry about assault charges.
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 afford the best defence which is at Graham Walker Solicitors. Our assault charges Scotland team are waiting for your call 24/7, so call now.
Provided sound expert advice and always available, with honest opinions regarding any queries I had.