Anyone accused of an assault can deny the offence because they were acting in self-defence. This means that they accept they have used reasonable force or violence against the alleged victim, but that they were acting lawfully when they did so.
Self-defence may seem very simple, but this may not always be the case.
When relying on self-defence, the accused would have to prove the following beyond reasonable doubt:
- The person genuinely believed they had to protect themselves from being assaulted or attacked;
- The person has only used a level of force that is reasonable for the threat or attack being used against them; and
- The person only uses force while it is still needed.
So if a Court believes that someone has used more force than was necessary or has used force when it was not still necessary to protect themselves from an attack, they will be guilty of the offence. This is why it is crucial to prepare a case thoroughly, and have a solicitor or barrister at Court who can persuade the Court that the defendant was using lawful self-defence.
The solicitors at Spartans Law have successfully defended many clients who were accused of assaults, from Common Assault and ABH, to GBH and Wounding With Intent.. If you, or someone you know, need a solicitor for a case like this, Contact Us and ask to speak to one of our solicitors.