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What is a domestic assault charge in the UK?

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Domestic assault cases are often heard in UK courts. These are serious matters, and anyone facing a charge could be liable for a tough sentence. We are often contacted by victims who wish to retract statements, but we can only act for suspects in these cases; if you are a suspect, you must call us directly.

In the following article, we discuss what domestic assault actually means in a legal context, what you can be charged with as a result of committing a domestic assault, and what you should do if you are accused of domestic assault.

Please note that this article is for informational purposes only - it should not be considered as legal advice. If you need legal support in relation to allegations of domestic assault, please get in touch, and our team can advise you.

What is domestic assault?

Domestic assault is not actually a specific offence under UK law. This is, in part, due to the fact that there is also no offence for domestic abuse or domestic violence.

An ‘assault’ could be attributed to various offences:

Generally speaking, when we refer to a domestic assault, we are actually describing a type of assault that has occurred in a private setting and/or between family members.

The circumstances of each case will determine who is considered as a family member. This could include spouses, civil and unmarried partners, children, siblings, parents, and grandparents.

What is the average sentence for domestic violence in the UK?

The sentence someone might receive for domestic assault and violence will depend on the exact type of offence that they have been charged with. For example, the sentence that you could receive for GBH are much harsher than for common assault, which means there is a significant variation in the potential charges that can be handed out.

How much jail time do you get for domestic assault?

As discussed above, the prison sentence you could potentially receive for domestic assault varies depending on the sentence that has been allegedly committed.

The maximum sentences you could receive for the following sentences are:

What are the bail conditions for domestic violence?

If the police interview you in relation to an allegation of domestic assault, you may be released on pre-charge bail, which is often just referred to as bail.

While on pre-charge bail in relation to domestic violence, some of the common conditions you could be subject to might include:

  • Being restricted from having contact with a family member
  • Having your movement restricted
  • Needing to visit the police station at a designated date and time.

To find out more in relation to pre-charge bail, including changing bail conditions for domestic assault, please use the links provided below:

What should you do if you are facing an allegation of domestic battery?

We understand how distressing it can be to face an accusation of domestic assault. No matter what your circumstances may be, it is essential that you instruct a specialist criminal defence solicitor who will be able to work alongside you to make sure that your rights are upheld and that you have the strongest possible defence.

At JD Spicer Zeb, our criminal defence solicitors have more than 45 years of experience in supporting individuals accused of a wide variety of offences, including assault in a domestic setting. This experience, coupled with our industry-leading expertise, means that we are well-positioned to offer you a tailored defence strategy, helping you to have your charges dismissed or, if conviction is unavoidable, ensure that you receive the lowest possible sentence.

Part of our expertise includes handling the various types of evidence that the prosecution usually relies on during these types of cases. This includes forensics such as fingerprint and DNA analysis, digital evidence, and witness testimony. In every instance, we will take every measure to highlight flaws in the prosecution’s case and explore every possible angle of defence.

We are accredited by the Law Society for Criminal Litigation, and our previous experience means that we can clearly demonstrate a strong track record of success, which has led us to establish strong relationships with many of the country’s leading criminal defence barristers.

If you are facing an assault charge, we are here to provide you with the support you need.

Related offences

We also provide support and guidance on various other matters that are related to domestic assault, including:

Related cases

Fees and funding

We are always fully transparent when it comes to handling legal fees.

If your case leads to you having to attend court, you may be eligible for Legal Aid. Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interests of justice basis.

If you do not qualify for Legal Aid, the alternative is to fund the case on a private basis.

To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:

Contact our criminal defence lawyers today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide a prompt, friendly response.