“Can I be arrested for just making a treat of violence against someone?”
Yes. You can be arrested and charged for making verbal treats, even if you are not looking to carry out that treat, the police could still place you into police custody.
Common Assault in English Law is "using or threatening violence" towards another person. Under interpretation this means that something as simple as making a treat towards someone is classed an assault
Where as if you are to be charged with Common Assault the offence is brought before the Magistrates Court. The Maximum sentence for Common Assault is six months imprisonment (although if the attack was Racially, Religiously or Homophobic aggravated the offence caries more time). The only real defence to Common Assault within English Law is self-defence though you can consent to common assault (i.e. in the course of sport).
The offence can take place even if physical contact does not have to occur. If the defendant causes another person to fear violence, such as saying they are going to hurt them or even raising their fist at the victim. An Assault is where the defendant intentionally or recklessly makes a treat against another to apprehend immediate and unlawful violence.
If physical violence is attempted but is unsuccessful, it is still seen as an assault. For example, if a person throws a glass bottle at someone and misses, they could still be arrested for an assault.
Where as a Battery is where the defendant intentionally or recklessly inflicts unlawful force, such as slapping them or spitting on them. In short, any kind of force that has an impact (touch) on the victim can be classed as a battery.
Another charge that can be levied by the police is Actual bodily harm (ABH). To commit ABH the accused must have caused some hurt or injury to the victim. However, this injury does not need to be serious or have permanent consequences. Psychological harm can be included too, however to qualify for ABH it must be more than anxiety or fear.
Grievous bodily harm (GBH) is when you have been accused of causing serious physical harm such as broken bones during an assault, psychiatric injury or passing on an infection. To count as a ‘wound’, the victim’s skin must have broken, so bruises and burst blood vessels do not count towards GBH.
If you have been accused or arrested for any of these offences, get in contact with us today via our 24-hour emergency criminal department 0207 737 9339 and we can assist you from the police to trial.
