Assaults & Threats
Assault and ThreatAssault is a complex area of the law. Inflicting intentional or reckless harm towards another individual is the general definition of assault and the level of injury caused is the main distinction in determining what level an offence may be charged. These are:
1. Grievous Bodily Harm (GBH)Inflicting grievous bodily harm to another person is the most serious form of assault.
2. Actual Bodily Harm (ABH) Where injuries are sustained through assault but do not cause serious injury, this may constitute the offence of assault occasioning actual bodily harm (ABH). Determining whether an injury should be deemed severe or not is often a case of a subjective review. This will usually be the discretion of the prosecutors or an investigating police officer, although legal guidelines and tests provide a basis for this assessment.
3. Common AssaultCommon assault or battery normally involves the unlawful touching of a person (where they have not ‘silently’ consented, i.e. if jolted during a concert) but does not require there to have been any injury.
By the letter of the law, common assault or battery is occasioned where there is more than merely transient or trifling contact. It is not necessary for the police or prosecution to prove injury.
If you have been arrested by the police on an assault charge, your first step should be to seek expert legal representation, as the police begin building a case against you from the moment you are arrested. The team at A.R.E Law are available to represent accused individuals to protect your rights and help you achieve a positive outcome.
4. ThreatOften times, uttering threats are fairly minor on the broad spectrum of charges but may result in jail time. The Prosecutor must show that the threat by the accused was made knowingly and the person making the threat was aware of the meaning of the words and what they convey as well as the threat being made in a serious manner. The Prosecutor is not obligated to prove a motive or that the accused is actually capable of carrying it out. Due to the not too serious nature of the charge, the Prosecutor may be in a position to negotiate a resolution. It is important that you have a criminal lawyer assess your file from the very beginning and help position the defence for a strong chance at avoiding jail time