Best Assault & Battery Lawyers in Aberdeen

About Assault & Battery Law in Aberdeen, United Kingdom

In Scotland, including Aberdeen, the term battery is not a separate legal charge. The relevant offence is assault under Scots common law. Assault covers both threatening conduct that makes someone fear immediate harm and the deliberate application of force such as hitting, pushing, or spitting. There is also the distinct offence of threatening or abusive behaviour under statute, which often features in cases that may not involve physical contact.

Assault can range from lower level incidents to serious assault that causes severe injury or permanent disfigurement. How a case is prosecuted and sentenced depends on the facts, the level of harm, whether a weapon was used, any aggravations such as domestic abuse or hate crime, and the accused person’s record. Cases in Aberdeen are investigated by Police Scotland and prosecuted by the Crown Office and Procurator Fiscal Service. Most hearings take place at Aberdeen Sheriff Court or the Justice of the Peace Court, with the High Court sitting for the most serious matters.

Both people accused of assault and people who have experienced assault may benefit from early legal advice. The law in Scotland has its own rules and procedures, so it is important to understand the local approach rather than relying on information from other parts of the UK.

Why You May Need a Lawyer

You were arrested, invited to a voluntary police interview, or charged in relation to an incident. A lawyer can advise you before interview, attend with you, and protect your rights.

You received an undertaking to appear at Aberdeen Sheriff Court or you were given bail conditions such as no contact with a named person or exclusion from a street or area. A lawyer can explain your options and seek changes to conditions if appropriate.

You believe you acted in self-defence, were defending another person, or there is a factual dispute. A lawyer can assess the evidence, obtain CCTV, identify witnesses, and build a defence.

You are the complainer or witness and need information about your role, special measures for giving evidence, or support resources. A lawyer can help you understand the process and your protections.

Your case may involve aggravations such as domestic abuse, a child present, a hate crime element, or an emergency worker. These can increase the seriousness of the case. Specialist advice is important.

You want to explore early resolution. In some cases there may be alternatives to prosecution, diversion, or negotiated pleas that reduce the risks.

You are concerned about the impact on your job, visas, travel, or professional registration. A lawyer can advise on disclosure, rehabilitation periods, and how to mitigate outcomes.

Local Laws Overview

Definition of assault in Scotland. Assault is any deliberate attack on another person or any act that causes the victim to reasonably fear immediate harm. Physical contact is not required if there is a threatening gesture with present ability to carry it out. Spitting and throwing objects can be assault.

No separate battery offence. Unlike some jurisdictions, Scotland does not split assault and battery. The single common law offence of assault covers both threats and physical violence. The term battery may be used informally but is not a Scottish charge.

Seriousness and harm. The charge can specify aggravations such as to severe injury, permanent disfigurement, permanent impairment, or danger of life. Use of a weapon, attacks to the head, or assaults in a domestic setting can increase seriousness.

Related statutory offences. Threatening or abusive behaviour under section 38 of the Criminal Justice and Licensing Scotland Act 2010. Stalking under section 39 of the same Act. Assaulting or obstructing emergency workers under the Emergency Workers Scotland Act 2005. Hate crime aggravations and stirring up offences under the Hate Crime and Public Order Scotland Act 2021.

Children and equal protection. The Children Equal Protection from Assault Scotland Act 2019 removed the defence of reasonable chastisement. Physical punishment of children is now unlawful.

Weapons. Possession of offensive weapons and certain knives in public is a separate offence. Pepper spray is treated as a firearm and is unlawful to possess without authority. These matters often accompany assault allegations.

Self-defence. Scots law recognises self-defence if there was an imminent attack, the force used was necessary to repel it, and the response was proportionate. There is no strict duty to retreat but whether you could have avoided the violence is relevant.

Corroboration. Scots criminal law generally requires corroboration of the essential facts that a crime was committed and that the accused was the person who committed it. This often comes from two independent sources of evidence, for example a witness and CCTV.

Courts and sentencing. Cases are prosecuted by the Procurator Fiscal. Summary procedure in the Sheriff Court is used for less serious matters. More serious cases proceed on indictment in the Sheriff Court or the High Court. Maximum sentencing powers depend on the court level. Factors such as injury, weapons, previous convictions, and aggravations influence the sentence. Disposals include fines, community payback orders, restrictive bail conditions, non-harassment orders, and imprisonment.

Alternatives and support. Depending on circumstances, the Fiscal may issue a Fiscal fine, warning, or consider diversion from prosecution. For complainers, special measures such as screens, live link, and independent advocacy may be available.

Frequently Asked Questions

What counts as assault in Scotland

Assault is any deliberate attack or threatening act that causes a person to reasonably fear immediate harm. It includes actions like pushing, slapping, punching, spitting, or brandishing a fist or weapon in a way that makes someone think they are about to be struck.

Is there a difference between assault and battery in Aberdeen

No. Scotland uses a single common law offence of assault. Battery is not a separate charge here. The conduct some people call battery is prosecuted as assault.

What is serious assault

Serious assault usually involves significant injury or the use of a weapon. Charges might specify to severe injury, permanent disfigurement, permanent impairment, or danger of life. These cases are treated more seriously and may proceed on indictment with higher sentencing powers.

Can the police interview me without a lawyer

You have the right to legal advice before and during a police interview. Free advice is generally available regardless of income. Ask for a solicitor and do not answer substantive questions until you have spoken to one unless you have been advised to do so.

What are my chances with a self-defence argument

Self-defence may succeed if you faced an imminent attack, used only the force necessary to stop it, and your response was proportionate. Each case is fact specific. A solicitor can assess the available evidence and whether corroboration supports your account.

Will the complainer be able to drop the charges

In Scotland, prosecution decisions are made by the Procurator Fiscal, not by the complainer. A complainer can share their views, but the Fiscal decides whether to continue, discontinue, or amend the case based on the public interest and sufficiency of evidence.

What penalties could I face if convicted

Penalties range from admonition or a fine to community payback or imprisonment. The level depends on harm, use of weapons, aggravations such as domestic abuse or hate crime, and your record. Courts can also impose non-harassment orders or supervision and unpaid work requirements.

How will a conviction affect my record and employment

Convictions appear on your criminal record and may be disclosable to employers, insurers, and professional bodies. The Rehabilitation of Offenders Act 1974 sets rehabilitation periods after which some convictions become spent. Certain roles and PVG checks show more detail. Get advice tailored to your circumstances.

What happens after an arrest or charge in Aberdeen

Police may release you with an undertaking to appear at Aberdeen Sheriff Court or hold you for court. The report goes to the Procurator Fiscal who decides how to proceed. Bail conditions may restrict contact or movement. Your solicitor will help you prepare for the first calling and any plea.

Are there alternatives to prosecution or prison

Depending on the case, the Fiscal may consider diversion or a Fiscal fine. Courts can impose community-based sentences such as community payback orders. Early acceptance of responsibility, voluntary rehabilitation, or anger management can help mitigate sentence, but you should take advice before pleading.

Additional Resources

Police Scotland North East Division Aberdeen - for reporting incidents and updates on investigations.

Crown Office and Procurator Fiscal Service - the public prosecutor responsible for assault cases in Aberdeen.

Aberdeen Sheriff Court and Justice of the Peace Court - the local courts where most assault cases call.

Scottish Legal Aid Board - information on eligibility for legal aid for advice, assistance, and representation.

Law Society of Scotland - find regulated criminal defence solicitors in Aberdeen.

Victim Support Scotland - independent support for people affected by crime, including practical help and court familiarisation.

Rape Crisis Scotland and Scottish Womens Aid - specialist support in cases involving sexual or domestic violence.

Childrens Reporter and Scottish Childrens Reporter Administration - for matters involving children that may be referred to the Childrens Hearings System.

Citizens Advice Scotland - general guidance on rights, court processes, and referrals to local support.

Scottish Legal Complaints Commission - information on how to raise concerns about legal services.

Next Steps

Do not ignore documents. If you received an undertaking, citation, or bail paperwork, note the dates and conditions immediately. Breaching conditions can result in arrest and further charges.

Get legal advice early. Contact a criminal defence solicitor in Aberdeen as soon as possible. Ask for representation at any police interview. Early advice can change the course of a case.

Preserve evidence. Save messages, photos of injuries, clothing, and details of witnesses. Ask nearby premises to retain CCTV. Pass everything to your solicitor so they can request formal recovery.

Follow conditions. If you are on bail or have a non-harassment order, comply strictly with no contact and area restrictions. Your solicitor can apply to vary conditions where appropriate.

Consider support services. If you are a complainer or witness, seek support with safety planning and court familiarisation. If you are accused and struggling with alcohol, drugs, or anger, start voluntary support now as it may assist your case and sentencing.

Discuss outcomes with your lawyer. Explore defences, evidential issues including corroboration, and realistic outcomes. Consider whether early resolution or trial is in your interests based on the strength of the evidence.

Check legal aid. Ask your solicitor about Advice and Assistance and whether you qualify for legal aid for representation at court. Provide income and expenditure information promptly so applications can be made without delay.

Prepare for court. Arrive early, dress appropriately, and bring your paperwork. Your solicitor will explain the process at Aberdeen Sheriff Court, including where to wait, how pleas are taken, and what happens next.

Keep communication open. Stay in regular contact with your lawyer, update them with any changes to your address or phone number, and avoid discussing the case on social media.

Act promptly. Deadlines in criminal cases are tight. Quick action gives your lawyer the best chance to protect your position and achieve the best possible outcome.