Assault is one of the most commonly prosecuted offences in Scotland, but the term covers an enormous range of conduct. The consequences vary from a modest fine to a lengthy custodial sentence. Whatever the nature of the assault charge you face, specialist legal representation is essential.
Assault in Scotland is a common law offence defined as the deliberate and unlawful application of force to another person. Unlike England and Wales, Scotland does not use 'ABH' or 'GBH' terminology. Instead, Scots law classifies assault by severity: common assault, assault to injury, assault to severe injury, assault to the danger of life, and aggravated assault (including weapon use, assault on police officers, or prejudice-motivated attacks).
Common assault prosecuted summarily may result in a fine or community sentence. Serious assaults on indictment can result in up to 5 years in the Sheriff Court and unlimited sentences in the High Court. Aggravating factors such as weapon use or prejudice motivation increase sentences substantially.
We approach every assault case with rigorous evidence analysis. Self-defence is the most common defence — you are entitled to use reasonable force to defend yourself under Scots law. We also explore provocation (which can mitigate sentence), challenge witness reliability and credibility, analyse CCTV and mobile phone evidence, and contest the characterisation and severity of the charge.
