Serious Assaults

Various circumstances can lead to an individual being accused of an assault, from a planned attack to a fast-paced unfolding incident.  Assaults can include domestic offences, incidents involving weapons, and cases involving groups of individuals.  Assaults can also be alleged to be motivated if they are based on an individual's personal circumstances.  

The offence that could be charged will depend on the level of injury and the intention of the individual who caused the injury.   

At Sonn Macmillan Walker, we have extensive experience in defending those accused of assault at all levels, from those facing a trial for common assault in the Magistrates Court, to multi-defendant GBH allegations leading to lengthy Crown Court trials. Our team are experts at forwarding robust defences regardless of the seriousness of the allegation. 

Our team will explore all potential defences in assault cases, whether our client is denying presence, it is a case of mistaken identity, they deny involvement in an incident or were acting in reasonable self defence.  We will discuss experts wherever necessary, including potential causation experts if there is a query in respect of how the alleged injury was sustained, and will pursue any other defence evidence that may support our client’s defence.  

Causing Grievous Bodily Harm (GBH) 

There are two different types of allegations of GBH – with or without intent – section 18 or section 20.  To be guilty of GBH the Crown Prosecution Service will need to prove that an individual caused another ‘really serious’ harm.  If the Prosecution feel they are able to prove the individual caused that injury with intent to cause really serious harm they will charge the more serious offence of section 18 GBH.  A section 18 carries a maximum sentence of life imprisonment. 

Intention is therefore a crucial element to the offence. The CPS obviously cannot see into an individual's mind to know their intention but will rely on surrounding circumstances, or perhaps words said, or the type of assault to prove the individual's intention.   

A solicitor at Sonn Macmillan Walker can help advise you in respect of the strengths and weaknesses of the case against you.  In some circumstances, representations can be made to the CPS in respect of whether the evidence is sufficient for the offence charged.