Assault

Allegations of assault are among the most commonly prosecuted matters before the Scottish courts, and such matters are properly treated as being serious in nature. If you are charged with assault it is imperative that you instruct expert representation from the outset, as offences involving personal violence can attract significant penalties, including a sentence of imprisonment.

The crime of assault can cover a vast array of different types of conduct, and such matters can vary massively in terms of their gravity. An allegation of assault can be aggravated in numerous ways such as being an assault ‘to severe injury’, ‘to permanent disfigurement’, or even ‘to the danger of life’. And while everyone may think they know what constitutes an assault, there is a defined legal test to be met in terms of the physical actions of an accused person, and their state of mind at the relevant time. Put another way – not everything that the prosecution say is an assault, will truly be an assault in the eyes of the law.

Self-defence may arise in an allegation of assault. You may have found yourself involved in a situation not of your own making, and you may have used physical force to protect yourself, or a friend or loved one. Whether or not your actions amounted to self-defence can be a matter of fact and degree, and open to interpretation, and it is essential that you have a lawyer who understands the nuance involved in running such a line of defence. You can rest assured that Sloan & Co are hugely experienced in such matters and shall be able to properly advise you as to whether or not you can pursue this special defence. Even if your actions did not amount to self-defence the circumstances of the case may mean that the legal test for ‘Provocation’ is met. This is not a defence to an allegation of assault but establishing provocation can significantly mitigate the sentence imposed upon you.

If you find yourself facing a charge of assault this can impact your personal life, your career, or even your liberty. When your future is on the line you need clear and professional expert advice, so please do not hesitate to contact Sloan & Co today.