Solicitors for Assault on Emergency Worker Charges

Contact a criminal defence solicitor immediately, before speaking to the police. Do not discuss the allegation on social media. If the police contact you for an interview, exercise your right to legal advice. Preserve any evidence that supports your account, including any injuries you may have sustained, mobile phone recordings, and witness contact details. These allegations are treated very seriously by the courts, and early legal intervention is critical. For urgent advice, contact our team now.

Yes. If a police officer used excessive or unlawful force, you are entitled to use reasonable force in self-defence. The force you use must be proportionate to the threat you honestly perceived. Your solicitor will examine body-worn camera footage, custody records, and officer statements to determine whether the force used by police was lawful. If an officer acted outside their powers, for example by attempting an unlawful arrest or using unreasonable restraint, this can provide a complete defence to the charge.

The majority of convictions for assault on an emergency worker result in a custodial sentence. However, the length of sentence varies considerably depending on the circumstances. A single push against body armour where no injury is caused may result in a relatively short sentence, which can sometimes be suspended. More serious assaults involving kicking, punching, spitting, or causing injury are very likely to result in immediate custody. A solicitor for assault on emergency worker charges can present mitigation that may reduce the sentence and, where possible, argue for a suspended sentence order.

Yes. The Assaults on Emergency Workers (Offences) Act 2018 covers NHS staff providing emergency care, including doctors, nurses, paramedics, and healthcare assistants working in A&E departments, urgent care, and ambulance services. The legislation was specifically extended to cover NHS hospital staff. If an NHS worker is assaulted while providing NHS services in a hospital setting, the aggravated offence applies. However, the worker must be acting in the exercise of their functions as an emergency worker at the time.

Yes, spitting at an emergency worker is treated as an assault and is considered a particularly serious aggravating feature. The courts have repeatedly made clear that spitting is a degrading and distressing form of assault, and sentences for spitting offences tend to be at the higher end of the range. Even if no injury is caused, spitting is treated as a serious matter because of the risk of disease transmission and the psychological impact on the victim. A custodial sentence is almost inevitable for spitting offences against emergency workers.

In some cases, yes. Your solicitor may make representations to the Crown Prosecution Service arguing that the emergency worker element of the charge cannot be proved. This might be because the complainant does not meet the statutory definition of an emergency worker, or because they were not acting in the exercise of their functions at the relevant time. If the CPS accepts these representations, the charge may be reduced from the aggravated offence to a standard common assault or battery, which carries a lower maximum sentence. This can significantly change the outcome of the case.

Yes. If convicted in the magistrates' court, you have an automatic right to appeal against conviction and sentence to the Crown Court within 21 days. If convicted in the Crown Court, you need leave to appeal to the Court of Appeal. Appeals can be based on errors of law during the trial, procedural irregularities, or new evidence that was not available at trial. Because these convictions carry serious consequences, it is important to speak to a solicitor urgently if you believe your conviction was wrong. Time limits are strict.

Legal aid may be available for these cases if you meet the means and merits tests, particularly given the risk of imprisonment. If you are not eligible, we offer competitive fixed fees with complete transparency from the outset. We will discuss costs with you during the initial consultation so you know exactly where you stand. Our initial consultation is free and without obligation. Contact our criminal defence solicitors to discuss your case and obtain a clear fee estimate.