FAQs

Assaults can be dealt with in a number of ways and are categorised as follows, in ascending order of seriousness:

• Common Assault
• Assault resulting in Actual Bodily Harm (ABH)
• Assault resulting in Grievous Bodily Harm or Wounding (GBH)
• Assault resulting in Grievous Bodily Harm or Wounding with intent to do so

Whilst the court can impose a prison sentence for all such offences, the likelihood and length will depend on the level of charge and any aggravating features such as:

• Previous convictions, particularly for similar offences
• Vulnerable victim e.g. elderly or infirm
• Group attack
• Weapon used

Yes, if you are convicted. Murder carries a mandatory sentence of life imprisonment.

Theft can be dealt with in a number of ways. The penalty imposed at court, if you plead guilty or are convicted, will depend upon numerous factors. A prison sentence is more likely if there are aggravating features such as:

• Property of high value taken
• Previous convictions, particularly if these are for similar offences
• Vulnerable victim e.g. the elderly or infirm
• Breach of trust e.g. theft from your employer
• Pre-planning
• Hallmarks of a professional thief

If the court decides that a custodial sentence is appropriate, they have the power to suspend the sentence if they feel it is just to do so. This means that the sentencewould not have to be served if you keep out of trouble for a fixed period of time and comply with any requirements (e.g. unpaid work; curfew) imposed.

The police will often seize such electronic equipment to examine its contents as potential evidence to assist with their enquiries. Please make immediate contact with a member of our team to advise whether the seizure is lawful.

As highly experienced defence lawyers, we are committed to ensuring that justice is done. If you face criminal charges, please make immediate contact with a member of our team. We will be able to obtain details of the evidence against you, advise you on the law and procedure, fully prepare your defence and present your case at court.

You should always ask for a solicitor upon arrest. You will be generally entitled to free and independent legal advice from Smith Partnership, your solicitors of choice. Sometimes, suspects are led to believe that free advice is only available from the ‘duty solicitor’ - this is not the case and the same free service is available from your own lawyer.

We will be able to obtain details of the allegation from the police and advise you in private prior to any interview taking place. Never agree to be interviewed in our absence to ‘get it over with’ or ‘because you have nothing to hide’ as the extent of the allegation will not always be transparent. We will be present to ensure that the questioning is conducted properly. Our assistance can often accelerate your release. We provide 24-hour personal cover, 365 days a year.

You should make immediate contact with our nearest crime department. Voluntary interviews take place by arrangement with the police and commonly result in suspects being interviewed without a solicitor. Such interviews are almost always conducted under caution, by the police, at a police station in which case we will be able to offer you free legal advice. The fact that the police have chosen not to arrest you does not mean that the allegation or outcome will be any less significant. There is no such thing as a ‘quick, off-the-record chat’ and voluntary interviews often generate prosecutions.

In laymen's terms, a caution is a warning which, if issued, avoids a suspect being prosecuted through the courts which would potentially result in a criminal conviction. A caution is generally issued for minor crimes which must be admitted. If not accepted by the suspect, it is likely to result in a formal charge.