What happens if I am charged with assault?

You will most likely be arrested and processed when you are charged with assault. You will then be given a bail hearing, during which a judge will determine if you should be granted bail and how much your bond should be.

What is the punishment for assault UK?

Assault offences are dealt with in the magistrates court and can result in a fine, a community penalty, or a prison sentence up to 6 months.

What is an example of an assault?

Some examples of assault may include: Attempting to spit on the victim; Miming the act of hitting, punching, or kicking the victim; Brandishing a deadly or non-deadly weapon in a manner that suggests the victim will be hit with that object; and.

Can you go to jail for assault?

Common assault carries a maximum penalty of six months in prison and/or a fine or community order. A prison sentence is generally reserved for cases where serious injury was caused, and higher culpability is present.

What are the 3 types of assault?

Common assault: when someone uses force, such as pushing or slapping, or makes threats of violence. Actual Bodily Harm (ABH): when you are injured as the result of an assault, for example bruised, scratched or bitten. Grievous Bodily Harm (GBH): when you are seriously injured in an assault, such as being stabbed.

What if You're Charged With Assault | Andrew Williams

How long does assault stay on your record UK?

How long is information retained by the police? Since 2006, police retain details of all recordable offences until the individual reaches 100 years of age.

How long can police hold you for assault?

How long police can hold you in custody depends entirely on the circumstance. Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. In exceptional circumstances, they can apply to hold you for longer, up to 36 or 96 hours.

How long is the sentence for common assault?

The maximum sentence for common assault is six months in custody, however, if the assault is racially or religiously aggravated, the maximum sentence is two years in custody.

What can you get for assault by beating?

Anyone found guilty of the offence of assault by beating can receive a sentence of up to 26 weeks' custody, a fine, or a community order. When deciding the sentence for assault by beating, the court will take into account both the harm caused by the defendant, and the defendant's culpability (blameworthiness).

Is punching someone assault?

Grabbing someone's wrist, spitting in someone's face, or punching someone are examples of acts that could be considered assault. Assault is a crime even if there is no apparent injury.

What is classed as assault?

An 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. The term assault is often used to include a battery, which is committed by the intentional or reckless application of unlawful force to another person.

How do the police decide to charge?

The decision to charge any person with an offence is usually taken by the CPS. If the CPS decides there is sufficient evidence to charge you with an offence then you will be taken before a custody sergeant who will read out the alleged offence to you.

What happens after police investigation?

When the police finish their investigation they might pass the information to the Crown Prosecution Service (CPS). The police or CPS will decide whether to take the case to court. If they later decide to stop or change your case, you should be told the reasons why within 5 working days.

Can you be bailed without being charged?

Understanding Police Bail

Defendants that are bailed from a police station without charge are released with the requirement to return at a later date for a charging decision.

What is common assault in UK?

Common assault is when a person inflicts violence on someone else or makes them think they are going to be attacked. It does not have to involve physical violence. Threatening words or a raised fist is enough for the crime to have been committed provided the victim thinks that they are about to be attacked.

How much evidence is needed to charge UK?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.

Should you accept a police caution?

If you accept a caution you are admitting committing the offence you have been accused of and will then have a criminal record. Effectively, a caution cannot be administered to a person who has not admitted the offence, which means that unless you make a clear admission of the offence a caution should not be offered.

What happens when you report an assault to the police?

The officer will ask you detailed questions about the incident and gather information about any witnesses and the perpetrator. The process may end here as many police departments will accommodate the choice to report to police and not prosecute.

How long do police investigations take?

In a routine or less serious case you should expect to hear form the police within 2 to 3 months but in more complicated cases where the police need to obtain statements, forensic evidence, CCTV or expert reports to prosecute you then this could take several months.

How long can police investigations last?

In our experience, for routine or less serious cases, you can expect to hear from the police within two to three months, but in more complicated cases, where the police need to obtain various statements, forensic evidence, CCTV or expert reports, this could take several additional months.

Do First time offenders go to jail UK?

Graph 1 below undermines the notion that a large number of people are sent to prison early in their criminal career. In fact, fewer than 8% of prison sentences were imposed on first-time offenders.

What is evidence before charge?

It simply indicates available material on which the public prosecutor wants to rely to establish the guilt of the accused. This provision cannot be used to support a proposition that before committing a complaint case to the court of session, the Magistrate has to record pre-charge evidence.

What happens when someone presses charges against you for fighting?

You may be jailed to remain in police custody. You have a right to a criminal defense attorney, either your own or one assigned to you to represent your interests. You then appear before the judge may temporarily release you by setting bail or other terms. The judge tells you when to return for your next hearing.

Can I go to jail for punching someone?

Punching or striking another person is considered a crime of battery. In the case of punching someone, it's likely to be classified as either simple battery, which is a misdemeanour, or aggravated battery, which is a felony crime.

What are the 4 elements of assault?