Serious penalties apply to assault charges and there are a range of possible defenses. Assault cases can be complex. If you have been charged, you should get legal advice from us about your options, any available defiance or likely penalty. Book an appointment now.
The following is information on some of the Assault and Obstruct cases our Criminal Defense Lawyers have been involved with:-
Assault: Common Assault s 335
The law provides that any person who unlawfully assaults another is guilty of a misdemeanor, and is liable, if no greater punishment is provided, to imprisonment for 3 years.
What the prosecution needs to prove
- The accused unlawfully;
- assaulted another person.
It is a circumstance of aggravation if the offence is committed in a public place while they were adversely affected by an intoxicating substance.
What is the definition of assault?
A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person’s consent, or with the other person’s consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person’s consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to affect the person’s purpose, is said to assault that other person, and the act is called an assault.
What does applying force include?
The definitions of assault encompasses a person who “applies force” and includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort.
What is an unlawful assault?
An assault is unlawful and constitutes an offence unless it is authorized or justified or excused by law. The application of force by one person to the person of another may be unlawful, although it is done with the consent of that other person.