Solicitor for Physical Assault Allegations

If you have been accused of physical assault, you should contact a criminal defence solicitor immediately, before speaking to the police. Do not discuss the allegation on social media or with anyone other than your solicitor. Preserve any evidence that may support your account, including CCTV footage, text messages, photographs of any injuries you sustained, and witness contact details. If the police contact you to arrange an interview, politely confirm you wish to exercise your right to legal advice and contact a solicitor. Early legal intervention can prevent charges being brought. For urgent advice, contact our team now.

Yes, an experienced criminal defence solicitor can make written representations to the Crown Prosecution Service at any stage, arguing that the evidence does not meet the charging standard or that a prosecution is not in the public interest. We regularly succeed in persuading the CPS to discontinue assault cases before they reach trial, particularly where the evidence is weak, a clear defence exists, or where key witnesses are unreliable. Even after a charge has been brought, representations can be made, and we have a strong record of achieving discontinuances for our clients.

Not necessarily. The sentence for physical assault depends on the category of harm and culpability assessed by the court. Common assault and battery rarely result in immediate custody for first-time offenders. For ABH, the Sentencing Council guidelines range from a community order to several years in custody. For GBH, imprisonment is the likely outcome, but a skilled solicitor can present powerful mitigation to reduce the length of sentence and, where possible, argue for it to be suspended. The presence of self-defence, provocation, or good character can significantly influence the outcome.

The length of an assault investigation varies considerably. Straightforward common assault cases may be resolved within weeks. More complex cases involving serious injury, multiple witnesses, or digital evidence can take several months. If you have been released under investigation (RUI), there is currently no statutory time limit for the police to complete their enquiries. Your solicitor can write to the police to request updates and to challenge unreasonable delays. The stress of waiting for a charging decision can be significant, and we support our clients throughout this period.

Possibly, yes. Self-defence in English law does not require you to wait to be hit first. If you honestly believed you were about to be attacked, and you used reasonable force to pre-empt that attack, you may still be able to rely on self-defence. The court will consider whether your belief was honestly held and whether the force you used was proportionate to the threat as you perceived it. This is a fact-sensitive assessment. A solicitor can advise whether self-defence is a viable defence on the specific facts of your case. Learn more in our guide on assault defence strategies.

Actual Bodily Harm (ABH) under section 47 of the Offences Against the Person Act 1861 involves injury that is more than transient, such as bruising, swelling, or minor cuts. It carries a maximum sentence of 5 years and can be tried in either the magistrates' court or Crown Court. Grievous Bodily Harm (GBH) under sections 18 and 20 involves really serious harm, such as broken bones, significant lacerations, or injuries requiring hospital treatment. GBH is an indictable-only offence tried at the Crown Court. Section 18 GBH with intent carries a maximum life sentence. The distinction between ABH and GBH is critical and often contested. Our solicitors regularly argue that injuries do not meet the GBH threshold.

Absolutely yes. Even if you intend to plead guilty, a criminal defence solicitor provides essential representation. We will advise whether the charge you face is appropriate or whether the prosecution should accept a plea to a lesser offence. We prepare mitigation to present the strongest possible case for leniency, including character references, evidence of remorse, and details of your personal circumstances. The difference between a represented and unrepresented defendant at the sentencing stage can mean the difference between a community order and immediate imprisonment. Our guide to the criminal justice process explains how we support clients at every stage.

Yes. If convicted in the magistrates' court, you have an automatic right to appeal against conviction and sentence to the Crown Court. If convicted in the Crown Court, you need leave to appeal from a single judge of the Court of Appeal. Appeals must be lodged within strict time limits, typically 21 to 28 days. Grounds for appeal include errors of law, procedural irregularities, or new evidence that was not available at trial. If you believe your conviction was wrong, speak to a solicitor urgently. Time limits are strictly enforced.