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Assault and Sexual Offences

Metcalfe David Eyres offer a comprehensive legal service for anyone who is in trouble with the Police and facing allegations of assault for the commission of the sexual offence.

A general definition is where it is said that a violent act is used against another.

We deal with situations in a sympathetic and private way and notwithstanding the circumstances we seek to obtain, on your behalf, the best possible outcome.

Assault

• Common Assault

One must intend to cause his victim to apprehend immediate and unlawful violence or be reckless whether such apprehension be caused. Reckless means that the accused foresaw the risk and went on to take it.

Assault does not require any contact between the two parties, a threatening gesture is enough. Words, however insulting, are not an assault but any attempt to commit a battery, even if the blow does not connect, can be an assault. It is not necessary that the other party should receive an actual injury but there must have been a hostile intent. In modern usage, the term of assault will now include a battery, i.e. the actual application of force as opposed to its threatened use, and this is how it is used in most cases. If the charge alleges, did assault and batter, then assault will be taken to be assault. A reckless act which causes injury will suffice, e.g. a man who having fallen to the ground when struggling with the Police lashed out wildly with his legs, striking the Officer was held to be an assault. Throwing something at a person even if it misses may be an assault.

These sort of cases can only be dealt with by the Magistrates’ Court.

• Assault occasioning actual bodily harm

This is less serious than grievous bodily harm. There need not be permanent injury but one has to cause harm or hurt or injury to another. There has to be an element of causing actual bodily harm to another.

These sort of offences can be dealt with either in the Magistrates’ Court or in the Crown Court depending on the level of harm caused and the circumstances of the offence. A person is guilty of an offence where it is established that he or she unlawfully maliciously inflicted grievous bodily harm.

Maliciously means intentionally or recklessly (recklessly means that the accused foresaw the particular risk and yet went on to take it, which must be intended or foreseen that some physical harm might occur).

Grievous bodily harm means really serious bodily harm. The injuries caused do not have to be permanent or dangerous but they have to be more severe than those considered in the above section (actual bodily harm).

In all allegations of assault a person is entitled to take reasonable steps to afford to defend themselves. Provocation does not form a defence but may be taken into account in mitigation.

Sexual offences

There are a wide range of sexual offences covering sexual inappropriate behaviour. We offer a private and confidential service in all situations of this kind. Our expert legal team are available 24 hours a day and again will offer helpful and appropriate advice at an early. Our aim is, whatever the circumstances, to achieve the best possible outcome on your behalf. It is advisable to take our advice at an early stage and if you are ask to attend a Police Station for interview then one of our representatives is able to support and advise.

We offer an initial free and confidential interview. If you are worried and are in difficulty please do not hesitate to call us straight away on 0114 249 322 (day) out of hours on 07768 014491.