Assault, Actual Bodily Harm & Grievous Bodily Harm

Allegations of assault, actual and grievous bodily harm can be extremely serious and could result in a sentence of life imprisonment. It is vital that anyone facing assault charges instructs Platts Solicitors as we have a combined knowledge of 100 years’ expertise in this defending in this area.  We understand the importance of successfully defending you in a situation which can be a stressful and may involve complicated procedures, we will ensure to provide active advice each step of the way to obtain the best chance of a successful outcome

We can usually offer doctors fixed fees bespoke to their case, so that there is no confusion at any point. Most of our clients are privately funded either because they are not a member of a defence organisation or they have been refused representation by their defence organisation.

Assault and Grievous Bodily Harm (GBH) crimes

Assault and GBH allegations involve the use of force to injure a victim.  The allegations are extremely serious and the penalties vary depending on the intent of the attacker and severity of injuries on the victim.

These types of crime violate the Offences against the Person Act (1861) and can be categorised into the following cases:

  • Common Assault
  • Actual Bodily Harm
  • Grievous Bodily Harm
  • Wounding Without Intent
  • GBH with intent
  • Assault on a Police Officer
  • Manslaughter and Murder

 

Common Assault

Section 39 Criminal Justice Act 1988 states that a common assault is any act (and not mere omission to act) by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence, physical injury does not need to occur.

Actual Bodily Harm (ABH)

Section 47 Offences Against the Person Act 1861 stipulates that an offence is committed when a person intentionally or recklessly assaults another, thereby causing Actual Bodily Harm. It must be proved that the assault (which includes battery) occasioned or caused the bodily harm. Such cases are typically resolved in the Magistrates’ Court in which penalties vary from fines to that of maximum custodial sentence of five years.

Grievous Bodily Harm (GBH)

Section 18 Offences Against the Person Act 1861 is the most serious assault charge that can be brought against an individual, it must include wounding with intent or with intent to cause grievous bodily harm.  This type of assault charge is extremely serious and includes injuries such as; broken bones, fracture, significant blood loss. It can also include the use of a weapon or an object as a weapon, acid or an animal in order to cause bodily harm.

The offence of GBH is divided into two categories:

  • Wounding Without Intent (Section 20)
  • Wounding With Intent (Section 18)

 

Wounding Without Intent

To cause GBH without intent, is whereby the attacker had the intention to assault the victim but did not specifically intend to cause serious bodily harm. The cases can be heard in both the Magistrates and Crown Court depending on the severity of the attack.  This offence carries a maximum custodial sentence of five years.

Wounding With Intent

This is the most serious offence of violence and non-fatal assault, it is where the attacker intended to cause harm to the victim using unlawful force and violence. These cases can only be heard in the Crown Court and carry a maximum custodial sentence of life imprisonment. It is vital that you obtain expert legal advice from Platts Solicitors, as we deliver a sophisticated and incisive service that is results driven.

 Intent is considered where:

  • An object was adapted, such as a glass broken, to use in an attack
  • The attack included kicking or using an offensive weapon to the victim’s head
  • Previous threats had been made by the defendant to the victim
  • The attack was premeditated and/or repeated
  • Weapon/weapons was deliberately obtained for the attack

Assault on a Police Officer

Assault on a police officer can happen when a police officer comes into contact with the public.

Section 89 of the Police Act 1996 states:

  • It is a criminal offence to assault a constable in the execution of his duty, or a person assisting a constable in the course of his duty.
  • It is an offence to resist or willfully obstruct a constable in the execution of his duty.

The sentence for assaulting a police officer is up to 6 months’ imprisonment and/or a fine of up to £5,000.

The sentence for resisting or obstructing a police officer is up to 1 month in prison and/or a fine of £1000.

Contact 

For expert advice on all criminal-related matters, contact our Manchester criminal lawyers online or by phone on 0161 834 3114 and Office out of hours number 07977 402020

 

Manslaughter and Murder

Platts Solicitors has successfully represented clients in manslaughter and murder for the last 30 years, so you can rest assured that you have an experienced legal team supporting you throughout your case.  We will work with you to receive the best possible outcome under the circumstances and we will assist you from the police station to the courtroom, ensuring you receive expert advice every step of the way and providing the best possible defence.

Manslaughter and murder charges are broken down into three distinct charges, each of which require different defences. These are: Voluntary Manslaughter, Diminished responsibility and Provocation

Voluntary Manslaughter

Voluntary Manslaughter is the killing of a human being in which the offender acted without premeditation or under circumstances in which one of three special defences exist: Diminished responsibility, Provocation or Suicide pact.  This offence can only be heard in the Crown Court.

Diminished responsibility – Section 2 of the Homicide Act 1957 provides a defence to murder if the offender was suffering from an ‘abnormality of mental functioning’, has a recognised medical condition which substantially impaired the ability to understand one’s conduct and unable to form a rational judgement or exercise self- control.

Provocation – Section 3 of the Homicide Act 1957 it is whereby the killing was the consequence of a temporary loss of self-control or a fit of rage. The offender can also claim they killed through self-defence or were provoked by words or actions of the deceased.  The defence of provocation can be relied upon if a ‘reasonable person’ would have acted in the same way.

Suicide pact – Section 6B of the Crimes Act 1958 states it is an agreement between two or more people with a goal of death for all involved, if one party of a joint suicide pact survived and the other(s) did not, the surviving person will be charged with voluntary manslaughter.

Involuntary Manslaughter

Involuntary manslaughter is when a person kills but did not have the intention to murder or cause GBH. The sentence for this offence is heard in the Crown Court and is dependent upon the circumstances of the death which can range from heavy fines to life imprisonment.

Involuntary manslaughter typically falls under two categories:

  • The death was caused by gross negligence
  • The death was a result of an unlawful or dangerous act

 

Murder

If you have been accused of or are being investigated for an offence involving death you must obtain expert legal advice as soon as possible, at Platts Solicitors you can be reassured that we can represent you at a moment’s notice. With our extensive legal knowledge, we are able to scrutinise the evidence, provide determined legal representation and will assemble a robust defence on your behalf.

Murder is an offence under the common law. It is considered the most serious form of homicide, in which one person kills another with the intention to cause either death or serious injury unlawfully and must have been of sound mind. These cases are heard in Crown Court, with a minimum sentence of life imprisonment.

Contact 

For expert advice on all criminal-related matters, contact our Manchester criminal lawyers online or by phone on 0161 834 3114 and Office out of hours number 07977 402020

Robbery

Robbery is a serious crime defined in section 8(1) of the Theft Act. 

The offence of robbery involves taking or attempting to take anything of value by force, threat of force or by putting any person in fear.

If you are facing an allegation of robbery, it is vital that you seek the advice of a specialist solicitor as robbery cases for adults are heard in the Crown Court with serious consequences if found guilty, the maximum sentence being life imprisonment.  At Platts Solicitors with our expertise and knowledge we offer first class legal advice, dedication and support throughout all stages of criminal proceedings. We are renowned for our proactive and meticulous approach; we will assist in developing a robust case strategy ensuring that you get the best outcome.

Most cases of robbery fall into three categories:

 Street robbery (mugging) – items such as mobile phone, money, jewelry and other personal belongings are typically stolen. This crime is often committed by low level criminals and youths.

 Small business robbery – businesses such as petrol stations are often targeted for this crime. Criminals aim to steal money in the tills and goods such as cigarettes.

Commercial robbery – commercial robbery is usually committed by organised criminals who typically target banks and security vans for high value stock.

The sentence for robbery is dependent upon the circumstances of the crime, such as:

  • Use of force
  • Use of weapon (knife, firearm or other)
  • Victim vulnerable
  • Number of offenders
  • High value items stolen
  • Offender wearing a disguise

Contact 

For expert advice on all criminal-related matters, contact our Manchester criminal lawyers online or by phone on 0161 834 3114 and Office out of hours number 07977 402020