Common Assault Solicitors
Expert solicitors in representing clients facing investigation or prosecution for Common Assault (Section 39 of The Criminal Justice Act 1988)
An ‘Assault’ is a general term which can include several different types of offences involving violence, all of which are committed against another person by inflicting unwanted physical contact upon another person. The specific assault offence a person is charged with will usually depend upon the type of injury alleged to have been inflicted upon the victim.
There are three basic types of assault:
- Common Assault
- Actual Bodily Harm (ABH)
- Grievous Bodily Harm (GBH)
These criminal offences cover everything from threatening words to severe physical attacks that leave the victim permanently disfigured or disabled.
If you have been asked to attend a Voluntary Police Interview Under Caution (PACE Interview) or have been charged with Section 39 Common Assault, you should seek expert legal advice as soon as possible.
At Kang & Co Solicitors, we have a specialist team of highly experienced Criminal Defence Solicitors and Barristers, that can advise and defend your case, and obtain the best possible outcome.
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(Section 39 of the Criminal Justice Act 1988)
A Common Assault is committed when a person intentionally or recklessly causes another person to apprehend the immediate application of unlawful force.
The offence of ‘Battery’ is committed when a person intentionally or recklessly applies unlawful force to another. Where there is a ‘Battery’, the person is usually charged with ‘assault by beating’ The difference between a Battery Charge and a Common Assault Charge, is that there does not need to be any application of force for a Common Assault to occur, there only needs to be the apprehension of unlawful force by another person.
Elements of a Common Assault:
- The act: Causing another person to fear the immediate application of unlawful force.
- The intent: When causing another person to fear the immediate application of unlawful force, the accused should either have intended the other person to fear the immediate application of unlawful force or have foreseen their actions would result in causing another person to fear the immediate application of unlawful force.
The prosecution will need to prove both elements mentioned above to secure a conviction of Assault against a Defendant.
Private Funded Criminal Defence Solicitors
As a Specialist Private-Funded Law Firm, we frequently advise and represent clients on a private fee-paying basis. Our lawyers can be appointed either on an hourly rate or on an ‘Agreed Fee’. If you would like further details on the costs of appointing us to advise and represent you for Common Assault, please complete our Contact Form above or call us on 0345 222 9955.
By appointing Kang & Co Solicitors, you will benefit from:
- Clear and transparent legal fees
- Competitively priced fees
- Only Qualified Solicitors & Barristers working on your case
- A detailed analysis of the evidence relied upon by the Prosecution
- Clear jargon-free legal advice from an experienced Criminal Defence Solicitor or Barrister
- Unparalleled advocacy in the Magistrates’ or Crown Court
- A highly experienced and skilled Barrister
- Expert advice on matters such as an abuse of process argument
- Preparation of documentary and other evidence to support your defence case
- An experienced defence team that shall conduct negotiated settlements with prosecuting authorities, where applicable
- Regular case updates
- Regular case meetings in person
- Representation at Trial (if instructed)
AGREED FEE CRIMINAL LAWYERS
Our Agreed Fees for Private Crime cases start from;
£1500 + VAT
Common Assault Sentence
If a person charged with Common Assault pleads guilty to the offence at Court, or is found guilty following a Trial, it will result in a criminal conviction being recorded against their name (Criminal Record). The repercussions of a criminal conviction are individual however if the person is a professional, it may result in dismissal from work, a tarnished reputation and difficulties in securing employment in the future therefore, expert legal advice should be sought as soon as possible.
Common Assault is a ‘Summary Only’ offence, which means that the matter is only heard in the Magistrates’ Court.
The Magistrates’ Court has the power to impose a fine of an unlimited amount, a community order or a custodial sentence (prison sentence) of up to 6 months.
When imposing a sentence, the Court will refer to the ‘Magistrates’ Sentencing Guidelines for Common Assault and will consider the individual circumstances of the case to establish the appropriate sentencing category the offence falls within.
|Offence Category||Starting Point (Applicable to all offenders)||Catergory Range (Applicable to all offenders)
|Category 1||High Level Community Order||Low Level Community Order – 26 weeks custody|
|Category 2||Medium Level Community Order||Bang A Fine – High Level Community Order|
|Category 3||Band A Fine||Discharge – Band C Fine|
Why Instruct Kang & Co Criminal Defence Lawyers?
Clients choose us to represent them for their criminal law case because of our excellent track record and understanding approach towards their case, we understand and appreciate the impact of a conviction on your professional and personal life.
We have an outstanding reputation in the industry and regularly receive positive feedback from our clients. Regardless of how serious or minor the offence, our team of skilled criminal law solicitors are well trained, and highly motivated to protect your rights. If you instruct us to defend your case, we will explain everything to you about your prosecution and will discuss your bespoke defence strategy with you in detail and will advise you on all the possible outcomes.
- Fixed Fees: We offer competitive fixed fees for a wide range of budgets;
- Only Qualified Lawyers: If appointed, only a Qualified Solicitor and or Barrister will work on your case;
- Skilled Solicitors: Our Criminal Defence Solicitors have an excellent record in successfully defending criminal charges in the Magistrates’ and Crown Court.
- Tailored Bespoke Service: We meet all our clients at our offices, so that we can properly understand the individual needs and requirements of each client, and prepare a bespoke defence strategy;
- Top-Tier Representation: Due to our skill and expertise in representing professionals charged with criminal offences, our lawyers are frequently appointed to defend clients from all walks of life including prominent business owners, high level professionals and sports personalities;
- Highly Experienced Lawyers: Our clients pay privately, and this enables us to instruct some of the leading criminal defence barristers in the country that have decades of experience, including leading Queen’s Counsel;
- National Coverage: We have offices in Birmingham, Milton Keynes and London and are ideally located to represent clients nationally at Courts throughout England and Wales;
- Best Rated Solicitors: We are recognised as one of the leading law firms in Private Criminal Defence cases;
- 5 Star Law Firm: Our clients frequently leave positive feedback and reviews, as we keep our clients updated and provide honest and skilled advice from the outset;
In addition to having our own in-house barristers and advocates, we also have strong working relationships with very senior members of the Bar (including QC’s) and other leading legal experts in their field who can form part of your legal defence team.
We are also recognised as a Best Rated law firm in Birmingham and Milton Keynes. This reputation has been developed by providing unrivalled expertise, practical advice, communication and court advocacy.
If you choose to appoint us to defend your case, we guarantee that you will be provided with the best legal representation available, which in turn will provide you with the best chance of a successful result at Court.
What our Clients Say
“I appreciate the great support I received from Manjinder. The PACE Interview went smoothly thanks to his instructions. The interviewers became friendly by the end of the interview.” – Irina
“I consulted Carla for legal advice recently and I am pleased to say that she was quickly able to advise me. Carla was very knowledgeable and professional in her approach. I would certainly instruct her again.” – Amy
“Great service and very impressed by the care that was given from Manjinder and the team.
I will be recommending to friends’ family and business associates” – Harry
“I went to see Mr Kang after contacting the company in the specialty I needed after reading the excellent service & outcomes from this company online. I was immediately called back by Mr Kang himself, who went through all I needed to know and gave me the confidence that we had a good chance of getting the result I needed (though honesty was paramount with this man and explained it could go either way). The correspondence between us was very efficient- Mr Kang dealt with my case so professionally & efficiently always updating me along the way. On my court date I was assured by a great barrister everything would be done in my best interests and it was, we got the result I needed. I was so impressed by the swiftness of this company really hassle free they kept me up to date with everything. I would highly recommend Kang & Co Solicitors for all legal matters I really hope if you need expertise hassle free straight taking honesty, call Kang & Co.” – Helen
As a Specialist National Law Firm with offices in Birmingham, Milton Keynes and London we can be appointed to defend your case throughout England and Wales. We regularly represent clients in Wolverhampton, Coventry, Northampton, Birmingham, London, Milton Keynes, Stafford, Leicester, Nottingham and Leamington Spa.
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Birmingham Head Office
1 Victoria Square
5 Chancery Lane
Milton Keynes Office
494 Midsummer Boulevard
Milton Keynes, MK9 2EA