Common Assault Solicitors

Common Assault

(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.

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.

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.

In addition to having our trusted barristers and advocates, we also have strong working relationships with very senior members of the Bar (including KC’s) and other leading legal experts in their field who can form part of your legal defence team.

Advantages of Paying Privately for a Specialist Criminal Defence Lawyer

1. Expertise: There are very limited number of law firms throughout the country that only accept criminal cases on a private fee-paying basis, these lawyers will usually only accept such cases because they possess superior legal knowledge and expertise.
2. Communication: Paying for legal representation privately will usually result in better and more frequent communication with your Solicitor and Barrister. Lawyers paid privately will usually respond to e-mails and phone calls quickly.
3. Preparation: The amount of time a lawyer spends preparing a case and considering the evidence will have an impact upon the result. Paying privately will ensure that the lawyer can spend enough time on case preparation, which will have a positive impact on the overall outcome of the case. We prepare thoroughly for each case.
4. Service: Clients that instruct lawyers via private funds will receive a substantially better service than those using legal aid.   
5. Quality: The overall quality of legal representation from private client solicitors is significantly superior.
6. Consistency: We provide all our clients with consistency and continuity, the lawyer dealing with your case will be the same person from start to finish.

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