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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.

Bespoke Private Fee Service

If you believe your case is likely to have serious consequences for you now, or in the future and you have the means to pay for this service

Read More

Do we offer free consultations? 

Read More

How can we help?

Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you. 

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED - 

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about  –

  • Whether we can take the case on and our relevant experience.
  • Public and private funding benefits.
  • Assistance in applying for legal aid where we are likely to accept instructions.
  • An outline of options in police interview only. We will not advise you on which option to adopt.
  • Providing our free written guide explaining the police station process.
  • The gravity of routine and day-to-day offences you face.
  • Consequences of not attending the court or police station.
  • Consequences of interfering with any witnesses.
  • Retaining any evidence in support of your case.
  • If possible an outline of the elements of the offence that the police or CPS must prove.
  • This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
  • Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

  • If we do not intend to take the case on.
  • Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
  • In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
  • Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
  • The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
  • The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
  • In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
  • If your relationship has broken down with your existing solicitor or several solicitors.
  • If you have been released under investigation and have already had a police station attendance. 
  • If you hold legal aid with another firm and seek a second opinion.
  • If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
  • To businesses.
  • Advising whether you were given good advice by your other solicitor.
  • Whether to decide to plead guilty or not guilty.
  • Whether you have an arguable defence in law or factually complicated defences.
  • Any advice you have had after your first court appearance.
  • Any advice on appeal on conviction or sentence.
  • If we feel we are unable to communicate with you.
  • If we are likely to be conflicted or breach our professional rules.