Understanding the Law of Common Assault (Fear of Violence) and How Allen Hoole Solicitors Can Help

Common assault (fear of violence) is a criminal offence that occurs when someone intentionally or recklessly causes another person to fear immediate unlawful violence. Unlike physical assault, this charge does not involve actual contact but focuses on the victim's perception of imminent harm. Under the Criminal Justice Act 1988, common assault is a summary offence and can lead to up to six months imprisonment, fines, or both.

At Allen Hoole Solicitors, we have extensive experience in defending clients charged with common assault. Our approach combines in-depth legal expertise, robust defence strategies, and a focus on mental health issues, when applicable. Our team includes specialists in mental health cases and expert witnesses, enabling us to provide a comprehensive defence.

The Law of Common Assault (Fear of Violence)

For a conviction of common assault, the prosecution must prove that the defendant intentionally or recklessly caused another person to fear immediate violence. It is not necessary for the defendant to have touched the victim; actions such as raising a fist or making threatening gestures can suffice if the victim reasonably feared an immediate threat of violence.

Expert Defence for Common Assault Charges

At Allen Hoole Solicitors, we employ a proactive approach to defending common assault cases. Whether the case involves self-defence, evidential issues, or mental health concerns, our experienced team works closely with clients to achieve the best possible outcome.

Self-Defence

Self-defence is one of the most effective defences against a common assault charge. If the defendant acted to protect themselves or someone else from imminent harm, their actions may be justified. Our team meticulously reviews all evidence, including CCTV footage, witness statements, and forensic reports, to build a strong case demonstrating that the defendant’s actions were reasonable and necessary.

Evidential Issues and Discontinuation

We have successfully requested case discontinuations due to evidential difficulties, such as unreliable witness testimony, non-disclosures from the police, or legal irregularities. The prosecution must prove the case beyond a reasonable doubt, and any gaps in evidence or procedural errors can be pivotal in securing a dismissal of charges. Additionally, we frequently make representations regarding whether prosecution is in the public interest, which may lead to charges being dropped, especially in minor cases.

Mental Health Defences and Expert Reports

We are highly experienced in defending clients with mental health issues and understand how mental health factors can influence both the defendant’s actions and the legal process. Our team can obtain psychiatric and psychological reports to assess the defendant’s mental state at the time of the alleged offence. These reports can play a crucial role in advancing defences, such as diminished responsibility or lack of intent, and can also inform discussions on whether prosecution is in the public interest. In some cases, these reports have helped secure out-of-court disposals or case discontinuation.

Out-of-Court Disposals for Low-Level Offences

In appropriate cases, we have successfully argued for low-level common assault cases to be referred back to the police for an out-of-court disposal, such as a conditional caution or community resolution. These alternatives help clients avoid formal prosecution and the potential long-term consequences of a criminal conviction. Our experience in negotiating these outcomes is invaluable, particularly in cases where the alleged offence is minor or where the client’s circumstances (such as mental health) warrant a more compassionate resolution.

The Allen Hoole Advantage

As one of the largest criminal defence firms in the South West of England, we have a unique advantage in handling complex common assault cases. Our team of experienced Magistrates' Court solicitor advocates brings extensive legal expertise and a strong understanding of the local court systems. Our size allows us to dedicate the necessary resources and time to each case, ensuring that every detail is thoroughly investigated and every defence option is explored.

We also have access to the most sought-after King's Counsel barristers, who can provide top-tier representation in more serious cases. In addition, our close working relationships with forensic experts, psychiatrists, and psychologists allow us to strengthen our clients’ defence with expert testimony and comprehensive legal strategies.

If you or someone you know is facing a common assault charge, including cases involving mental health issues, contact Allen Hoole Solicitors today. We are available 24 hours a day, 365 days a year, and are here to provide expert legal advice and representation across the South West of England.