ABH Defence Lawyers

ABH Defence Lawyers

This is an offence under section 47 of the Offences Against the Person Act. This provides that a person is guilty of an offence if any assault results in injury causing actual bodily harm.

The definition of assault is quite wide. This usually involves people who have been involved in some form of fighting or altercation. It does not happen to be just kicks or punches at camp for example, but can include any injury caused by a person to another.

Occasionally, this can include things like causing an injury by deliberately driving a motor at another person, deliberately infecting them with an illness or even shouting or threatening them so seriously that harm to them is caused.

What is considered Actual Bodily Harm?

The definition of harm again is quite wide but will usually include injuries that are not especially serious such as minor cuts, bruises, grazes or scratches. It can, however, even include harm to an individual's mental health.

If a person is charged with section 47 assault (ABH) it is vital that they are defended by a lawyer who is experienced in this field. At professional defence lawyers we have been defending in cases of this nature for over 20 years, so please contact us for expert advice.

Which Court?

Charges of section 47 assault (ABH) can be dealt with in either the Magistrate's Court or the Crown Court. Cases of a less serious nature are generally dealt with before the Magistrate’s court. If the case is more serious it may end up being dealt with by a judge and jury at the Crown Court.

Penalties for Assault (ABH)

If a person is guilty of assault occasion in actual bodily harm the powers of the court are wide. The courts can impose a period of imprisonment, which in the Crown Court can be up to 5 years. Alternatively the courts will impose a fine, a community order or a suspended prison sentence.

The reality is that in the majority of assault cases a prison sentence is not imposed. This is especially the case if the defendant has no previous convictions, the offence was not premeditated and there are no aggravating features such as kicking an individual whilst they are on the ground.

Because the offence is serious and the consequences potentially so serious to the defendant, it is vital that high level specialist experienced defence lawyers represent the defendant charged in such circumstances.

At Professional Defence Lawyers you will only be advised by a solicitor with at least 20 years experience. At court you will be represented by the by a solicitor or barrister of the appropriate level of experience and knowledge.

Assault Charge Defences

There are certain circumstances where the law actually permits an individual to cause harm to another person without that amounting to a criminal offence.

This will usually include situations where a person has been acting in self defence. The law does allow a person to use reasonable force to defend himself from an actual assault or from an anticipated assault. You do not have to wait to be hit before using violence against another person to prevent injury to yourself provided there was a genuine and real fear that you were about to be assaulted.

Very often injury can be caused to somebody else by accident. If the court accepts this it may find you not guilty of assault.

Finally, we come across a large number of situations where the assault just did not take place in the first place. For a number of reasons people will very often make up a claim that they have been injured by somebody else.

This may be the case if there is an ongoing dispute or other reason for them to make up a false allegation. In prosecution cases of this nature it is vital that a very proactive approach to defence is taken and  Professional Defence Lawyers are we assure you that we will act appropriately to make sure your best interests are protected at all times.

FAQ: What does ABH mean?

This is an offence under section 47 of the Offences Against the Person Act. This provides that a person is guilty of an offence if any assault results in injury causing actual bodily harm.

The definition of assault is quite wide. This usually involves people who have been involved in some form of fighting or altercation. It does not happen to be just kicks or punches at camp for example, but can include any injury caused by a person to another.

More FAQ's

Contact Professional Defence Lawyers Today

We are expert solicitors acting for the defence in proceedings for ABH. We have been practicing in this field for over 20 years now, so please don’t hesitate to contact us free on 0800 634 7022 today.

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Give Professional Defence Lawyers a call on 0800 634 7022 or use the form below to send us a message.









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About Professional Defence Lawyers

Rob BimpsonProfessional Defence Lawyers is a dedicated defence firm of specialist Lawyers headed by Rob Bimpson and Tim Chapman. Both are Solicitors who have been qualified for over 20 years.

About Professional Defence Lawyers

 

Case Studies

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