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.
Assault Lawyers Edinburgh
Some assault charges can be aggravated by an averment of causing injury, severe injury, permanent disfigurement (such as scarring) or impairment. If you are charged with assault, you should seek advice and representation from a suitably experienced criminal lawyer to explore any relevant issues such as self-defence, provocation and intent.
Self Defence & Assault
Self-defence is a full defence to a charge of assault. Defending another person from attack can also be advanced as a defence. There are certain legal requirements which must be satisfied for such a defence to be led before the Court. If a Sheriff (or Jury in more serious cases) accepts that someone charged with assault was acting in self defence, the result would be acquittal of the charge. The prosecution must prove any charge beyond reasonable doubt and if they cannot exclude self-defence, the proper verdict would be one of Not Guilty or Not Proven.
Provocation & Assault
Provocation is not a full defence to a charge of assault but can, if established, mitigate or reduce any sentence which the Court imposes. The greater the degree of provocation, the more allowance should be made for it in terms of the assessment of the appropriate sentence by a Justice of the Peace, Sheriff or Judge.
Contact our Assault & Criminal Defence Lawyers Edinburgh
With a team of Solicitors including a Solicitor-Advocate, McSporrans have represented clients charged with assault in the High Court, Sheriff and Justice of the Peace Courts. We can advise on your eligibility for Legal Aid. If you have been charged with a violent offence, call us today on 0131 557 9151 (24hrs) for a free, no obligation discussion. Alternatively, request a callback or fill out our online enquiry form and we will be straight back in touch with you.
