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Assault & Criminal Defence Lawyers | Dunfermline, Kirkcaldy, Alloa & Scotland | MJS Criminal Defence Solicitors
The charge of assault is a common one. If you have been involved in a fracas or scuffle in which someone has been injured, a charge of assault may well be the result. If you have been charged with assault, it is important you seek legal advice at the soonest possible moment.
The basic definition of assault is an attack on the person of another, with evil intent to either cause injury or fear of injury. Atkinson v HMA (1987 SCCR 534)Kay v Allan (1978 SCCR Supp. 188)Lord Advocate’s Reference (No. 2 of 1992) (1993 JC 43)Smart v HMA (1975 JC 30)McDonald v HMA (2004 SCCR 161)
Assault is defined in Scots Law as a deliberate attack upon another person with evil or wicked intent. It follows that an assault cannot be committed accidentally or even recklessly.
Experiencing an assault can be extremely frightening. As well as possibly being hurt or injured physically, you can be very seriously affected emotionally. You might find it hard to deal with the feeling of being powerless when threatened.Crime can impact you in many ways – emotionally, mentally, physically, financially and practically. That’s why Victim Support Scotland is here to help.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 3rd October 2019 and received Royal Assent on 7th November 2019
The basic definition of assault is an attack on the person of another, with evil intent to either cause injury or fear of injury. A lawyer for assault charges at Graham Walker Solicitors has years of experience after dealing with 100s of cases so you can be sure you are in good hands. If you’re searching for assault charges Scotland lawyers then look no further.
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Assault is a relatively common charge in Scotland, arising from attack against another person with intent to cause harm or injury, or which puts the victim in a state of fear for their physical safety.
Assault covers a range of actions, from using threatening words to a severe physical attack that leaves the victim permanently disabled.The information on this page is not a complete legal analysis of the offences and is not a substitute for legal advice. The law will be different in Scotland and Northern Ireland.
The purpose of this framework document is: Children (Equal Protection From Assault) (Scotland) Act 2019 implementation group
There is a wide range of factors or circumstances that judges can consider when deciding a sentence. First, judges must decide which factors presented to the court are relevant and should be considered. Then they must decide how much weight to give to each one. Factors that are likely to make a sentence more severe are called ‘aggravating’ and factors likely to make a sentence less severe are called ‘mitigating’. The law says that some facts cannot be taken into account as a mitigating factor. This includes, for example, being drunk. See the law.
We defend clients accused of crimes of violence in courts throughout Scotland. If you have been accused of a violent crime, no matter how serious, we can help.