Facing an assault or violence charge? Need a defence lawyer? Call us free on 0800 LEGAL DEFENCE (0800 534253).
Offences involving violence against the person include assault, aggravated assault, injury with intent and murder – and many offences in between.
Sentences for violent offending can range from a discharge without conviction in less serious cases involving violence up to life imprisonment for murder. The penalty that may be imposed in a particular case depends on the type of charge and all the circumstances of the case.
If you did not use force against another person you may have an arguable defence. If you have been charged it is likely the Police believe they can prove that you did use force against another person. It could be a straight ‘he said, she said’ case. If so, you should still consider getting legal advice. There are complex legal rules relating to credibility of witnesses and admissibility of evidence. There may also be issues with injuries to the persons involved, which can lend weight to the case for or against you. Legal advice can assist with these and other issues which arise in cases like this.
If you accept using force this does not automatically mean you should plead guilty to the charge against you. Proper legal advice can assist with whether you have a defence, whether you should test the case against you or whether you should enter a guilty plea.
Ideally you should consider getting legal advice before giving a statement to Police. If you have already made a statement it may be important to get legal advice about it. The statement could be a proper denial, and one which is useful in your defence. If you have admitted anything to Police it may not be as bad as you think. Some people admit committing a crime when the law actually says they have not. Sometimes the admission does not match the charge. It may also be important to consider whether the Police afforded your rights correctly. If the Police did not comply with your rights it may be possible to exclude the statement so it cannot be used in a prosecution.
Another point to consider is whether the use of force was justified or excused. The law contains justifications and excuses for the use of force in certain circumstances, such as self-defence and defence of property. There are particular legal tests that apply to these types of defences. Proper legal advice will assist to determine whether such a defence is available in your case.
Even where violence is gratuitous or premeditated it may still be possible to defend or resolve the charges successfully. The prosecution can always be put to the burden of proving its case beyond reasonable doubt. It may also be that the type of force or injury caused does not match the type of offence with which you have charged. These are issues which proper legal advice can assist with.
If you need help on any criminal matter contact us on 0800 LEGAL DEFENCE (0800 534253).