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Assault is a common charge and usually arises from a fight or fracas in which one party is injured.Â
Assault is the Scottish equivalent of Grievous Bodily Harm or Assault and Battery in England. It can be a serious charge, so it’s important to seek legal advice as soon as possible.
Our team of criminal defence lawyers in Glasgow is ready to provide you with the legal guidance and representation you need. We understand the seriousness of assault charges and the potential consequences they can have on your life.
By contacting our lawyers, you can benefit from their extensive knowledge of criminal law and their ability to build a strong defence strategy tailored to your specific case. Don’t hesitate to reach out to our team of assault criminal defence lawyers in Glasgow for a consultation and to discuss your legal options.
Find out more about your situation in a free 15-minute case evaluation. Click the button below to book a call from Glasgow’s trusted solicitors. Appointments can be by telephone, videocall or in-person appointment with a solicitor.
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If you have been charged with assault, the two main assault defences are self-defence and provocation.
Self-defence is available to an accused where they have acted to protect themselves or another from the immediate threat of physical injury to their person. Before a plea of self-defence will be accepted, the court must be satisfied that the actions used in self-defence were necessary and proportionate and that no means of escape were available.
The threshold here is a high one – if you have been accused of assault but believe that you acted in self-defence, it’s important to contact an experienced criminal solicitor as soon as possible.
An assault is defined as a physical attack on another person which causes harm, is intended to cause harm or puts the victim in a state of fear for their bodily safety.
Aggravated assault is charged when the assault itself is made worse by the inclusion of an additional factor – for instance, the use of a weapon, a racial or sectarian motive or where severe injury is the result.
If you are charged with assault or aggravated assault, you should seek legal advice at the earliest possible stage to explore any defences which may be available to you.
YOUR QUESTIONS ANSWERED
If you are arrested or detained for a crime in Scotland, the police must inform you of your rights, such as the right to legal representation. You will be taken to a police station, where you may be detained for up to 12 hours without charge. After this time, you must either be charged or released, or the period extended. If charged, you may be held in custody for up to 24 hours before being brought before a court. The court will then decide whether to grant bail or remand you in custody until your trial.
Yes, in Scotland, being released on an undertaking is similar to being released on bail. Undertakings can be issued to individuals who have been arrested or charged, specifying a date and time to appear in court. A bail undertaking typically involves being charged with a crime and then released with a promise to attend a hearing. Both bail and undertakings come with certain conditions that must be met, such as attending all court dates and not committing any further offences. However, breaching bail or undertaking conditions can lead to prosecution and a prison sentence of up to twelve months.
Yes, if you are in police custody in Scotland, you have the right to free legal advice from a solicitor. This advice is available over the phone or at the police station. You should be informed about this right before being questioned, and the police must wait for the solicitor to arrive before questioning begins. However, if you do not want a solicitor present during questioning, you can waive this right, although it is not recommended. If you are under 18 or a vulnerable adult, you must have a solicitor present during questioning.
If your case goes to court, the Procurator Fiscal will decide which court it will be heard in. The court will review the evidence and then make a decision based on the facts of the case and the relevant law. If you are found guilty, you may face penalties such as fines, community service, or imprisonment. If you are found not guilty, you will be acquitted of the charges, and your case will be closed. It is important to seek legal advice and representation if you are facing criminal charges in Scotland.
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