Please contact us as soon as possible if you or a loved one have been charged with assault. The earlier we’re involved in the case, the better we’ll be able to protect the accused’s rights and provide an effective defence that secures the best possible result.
Defence against assault allegations
The offence of assault seeks to punish those who physically attack another person. The offence involves putting someone else in a state of fear of suffering bodily injury, either by causing or intending to cause them harm. Such conduct usually occurs from a scuffle or fight between two or more parties, and a charge tends to follow if one party suffers an injury at the hands of another. As with all offences, use of a weapon or a sectarian or racial motive may result in a more serious charge of aggravation being brought against the accused, and if successfully prosecuted, a far more serious penalty.
As the law recognises assault charges tend to arise from complex and emotionally heated situations it also provides the defences of self-defence and provocation. Self-defence is a complete defence that has been designed for people who have had to act to protect themselves or others from an imminent and immediate threat of injury. Provocation is only a partial defence where the accused accepts that they committed the offence but that they did so only because the victim provoked it. It operates as mitigation that reduces the severity of the penalty.
We work closely with our clients to clarify the circumstances surrounding an assault charge and identify a suitable defence and any mitigating elements.
Contact our Criminal Defence Lawyers in Ayrshire
Contact us early for help and advice. From initial police interview through to court appearance, you can be absolutely sure you are in safe hands. We are approved by the Scottish Legal Aid Board and have been serving the local community for over 30 years as one of Ayrshire’s most respected law firms.
From our offices in North Ayrshire, we serve clients all across Scotland, including Saltcoats and Ardrossan, Skelmorlie and Stewarton, Ayr and Irvine, Kilwinning and West Kilbride, Troon and Prestwick, Largs and Fairlie, Kilmarnock and Kilmaurs.