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What is domestic battery?

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Domestic battery is an offence which is seen often throughout the UK courts.  However, there are several misconceptions about domestic battery, which we will address in this article.

In the following article, we clarify the definition of domestic battery, including the laws relevant to the term, and the punishments an individual could expect to face if they are found guilty.

Please note that the following article is for informational purposes only, and should not be considered legal advice. If you need legal support with allegations relating to domestic battery, please get in touch, and our team can advise you.

What is battery?

In the UK, battery (assault by beating) is a variation of the offence of common assault. This is set out in Section 39 of the Criminal Justice Act 1988.

In this context, battery refers to an act of common assault where physical and unlawful force is applied by someone intentionally and/or recklessly against the victim. The victim does not need to have suffered an injury for battery to have occurred, just that contact needs to have been made.

Generally speaking, domestic battery occurs in a private setting and/or between family members.

Who is considered a family member depends on the circumstances, and may include spouses, civil partners, and unmarried partners, as well as children, siblings, parents, and grandparents.

There is no specific offence of ‘domestic battery’, partly as there is also no offence of ‘domestic abuse’ or ‘domestic violence’. When an offence is committed within a domestic environment, such as battery and assault, this will be taken into consideration with regard to sentencing. However, it will not constitute an entirely separate offence.

How are domestic battery and abuse cases dealt with in UK courts?

In the UK, some domestic violence cases, such as those involving allegations of battery, are dealt with in a specialist domestic violence court, which is a type of Magistrates’ Court that specifically deals with domestic violence cases.

What are the sentencing guidelines for domestic battery?

Again, as there is no specific offence of ‘domestic battery’, the sentencing guidelines you should be aware of relate to the offence of battery (assault by beating). These guidelines stipulate that if you are found guilty of the offence, the maximum sentence to be handed out is 26 weeks’ custody.

Other potential punishments for battery include a fine of an unlimited amount or a community order.

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

Being accused of any type of offence related to domestic abuse, such as battery, can be extremely distressing. To ensure that your rights are upheld, and you have the strongest defence against the allegations you are facing, it is vital that you instruct a team with specialist experience in handling these types of cases.

At JD Spicer Zeb, our criminal defence solicitors have more than 45 years of experience in advising and representing individuals accused of a wide range of offences, including battery. Our broad range of expertise means that we are well placed to provide you with the strongest legal defence, working with you to have your charges dismissed or, if conviction is unavoidable, ensure you receive the lowest possible sentence.

We have substantial experience handling all types of evidence usually relied on by the prosecution in these types of cases, including forensics such as fingerprint and DNA analysis, digital evidence, and witness testimony. We will take every measure to highlight any flaws in the prosecution’s case, and explore every 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 a battery 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 battery, including:

Related cases

Fees and funding

We are always clear and upfront when it comes to legal fees.

If you are required 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 interest of justice basis.

Where you do not qualify for Legal Aid, the alternative will be 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.

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.