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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.

Assault Defence Lawyers Alloa, Fife & Edinburgh

Assault is defined in Scots law as a physical attack on another which is intended to cause bodily injury or which puts the victim in a state of fear that he or she may be about to suffer bodily injury. In Scotland, an ‘assault’ cannot be committed by words alone, nor can it be committed by accident.

If you have been charged with assault in Alloa, Dunfermline or Kirkcaldy you should seek legal advice at the earliest possible stage to explore any defences which may be available to you.

Aggravated Assault

An assault becomes aggravated if the crime is made worse by some factor. Common aggravations include causing severe injury or permanent disfigurement/scarring or an assault which places the person’s life in danger. Assault will also be aggravated if it takes place within the victim’s home or workplace or in which a weapon is used. Assault can also be aggravated if there is a racial or religious aspect to the offence.

An assault can be aggravated by a number of factors including but not limited to offences involving potential “danger of life”, “severe injury” and “permanent disfigurement”. An assault will be aggravated if a weapon is used or if the victim is assaulted within their own home or work place. Important Statutory aggravations comprise religious and racial hatred.

Defences to a charge of assault

The main recognised defences to a charge of assault are self-defence and provocation.

Self Defence and Assault

Self-defence is available to an accused where they have acted to protect themselves or another from injury from an imminent and immediate threat to their physical integrity, the actions used in self-defence are necessary and proportionate and there was no means of escape available. This is a strict test – if you think you may have acted in self-defence it’s important to discuss the particular facts of your case with an experienced criminal defence solicitor.

The consequences of a conviction for assault can be very serious. It’s important to take expert legal advice at every stage of the process from the moment you are arrested, right through to trial. We are recognised as one of Scotland’s leading criminal law practices and we have extensive experience of defending clients who have been charged with assault.

We offer a free initial consultation to discuss your case. We fearlessly defend our clients in Alloa, Dunfermline, Edinburgh, Glenrothes, Kirkcaldy, Falkirk, Methil, Perth, Stirling and throughout Scotland.

Contact our Assault Defence Lawyers Alloa, Fife & Edinburgh

If you have been accused of assault or any other crime in Scotland, it’s important to act fast.  Call our criminal defence lawyers in Dunfermline on 01383 730 466, in Kirkcaldy on 01592 640 680, in Alloa on 01259 725 922 or make an online enquiry


Martin Johnston & Socha
11 Maygate
KY12 7NE

Tel: 01383 730 466
Fax: 01383 621 440
Email: dunfermline@mjscriminaldefencelawyers.co.uk


Martin Johnston & Socha
47 Whytescauseway

Tel: 01592 640 680
Fax: 01592 640 687
Email: kirkcaldy@mjscriminaldefencelawyers.co.uk


Martin Johnston & Socha
Top Floor
2 Candleriggs
FK10 1EA

Tel: 01259 725 922
Fax: 01259 725923
Email: alloa@mjscriminaldefencelawyers.co.uk

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