Assaults

The spectrum of assault offences range from less severe offences, such as common assault, to the gravest offences, including Attempt/ Murder. The breadth of this spectrum was expanded in 2022 with the introduction of two new assault offences—non-fatal suffocation and non-fatal strangulation.

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GBH with intent charges may hinge on evidence demonstrating a level of premeditated intent to cause severe bodily harm, often manifested through the defendant's use of weapons such as guns, machetes, or heavy blunt instruments. Alternatively, these charges can be based on allegations that the defendant employed excessive force beyond what is considered reasonable in self-defence.

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Conversely, the lesser offence of GBH without intent pertains to situations where the defendant inflicts serious harm but lacks the intention to do so.

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Distinguishing between these two GBH offences often involves navigating a delicate line, requiring meticulous consideration and advocacy by seasoned legal professionals. In such cases, experienced lawyers play a crucial role in careful analysis of the circumstances and presenting compelling arguments to ensure a nuanced and just interpretation of the charges.

 

It is imperative for you to secure expert legal advice in cases involving assault offences, particularly in light of the significant variance in potential sentences. The gravity of GBH with intent charges may result in a maximum sentence of life imprisonment, whereas GBH without intent carries a maximum sentence of five years' imprisonment. Given the severity of these penalties, it is crucial to engage legal professionals with a nuanced understanding of the complexities inherent in the most serious assault offenses.

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Many lawyers may lack experience in handling these highly consequential cases, highlighting the need for legal representation well-versed in the intricacies of such matters. Our approach ensures an in-depth comprehension of the issues at hand, allowing us to tailor strategies for optimal outcomes in each case.

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Non-fatal Suffocation and Non-fatal Strangulation / Racially or Religiously Aggravated Non-fatal Suffocation and Non-fatal Strangulation:

Introduced in 2022, these offences respond to concerns about the severity of violence against women and girls. Despite their introduction through the Domestic Abuse Act 2021, these offences extend beyond domestic violence cases. A statutory defence of 'consent' is available, provided the defendant can demonstrate the injured party's explicit consent to the strangulation or suffocation. However, this defence is precluded in cases where serious harm resulted, and the defendant either intended to cause harm or was recklessly indifferent to the potential for serious harm.

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'Serious harm' encompasses a broad definition, including grievous bodily harm, wounding, and actual bodily harm. Consequently, the defence is inapplicable when the defendant's actions result in harm beyond minor injuries. The defence is most likely to apply in situations where strangulation or suffocation occurs within consensual sexual activity or friendly 'horseplay.'

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Sentences for Non-fatal Strangulation and Non-fatal Suffocation Offenses:

These offences may be tried in either the Magistrates Court or the Crown Court. In the Magistrates Court, the maximum sentence is 12 months imprisonment, a fine, or both. In the Crown Court, the maximum sentence is 5 years imprisonment, a fine, or both. For aggravated offenses in the Crown Court, the maximum sentence is 7 years imprisonment, a fine, or both.

 

We provide expert legal advice and representation at every stage of the legal process, from pre-charge representation at the police station to comprehensive analysis of the prosecution's case and the development of a robust post-charge defence.