FREELANCE SOLICITOR | PREMIER DEFENCE
ASSAULT IN DOMESTIC ABUSE CASES
If you have been arrested, investigated or charged with assault or battery following a domestic abuse incident, Sohail Bashir will work tenaciously in advising and representing you. As a Freelance Solicitor, Sohail has years of expertise and experience in defending clients on all types of assault and battery charges, including those involving domestic abuse. As a fully qualified Criminal Defence Solicitor, regulated by the Solicitors Regulation Authority (SRA) and the Law Society, Sohail gives his clients his full focus and attention and never gives up until he obtains the best result possible.
If you are suspected or have been arrested for assaulting your partner following a domestic abuse incident, Sohail can take the following actions on your behalf:
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Consult directly with the police and discover the exact nature of their suspicions or reasons for arresting you.
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If you have been arrested, check that the police have acted within their legal powers.
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Advise you if the police interview you under caution (also known as a Caution Plus 3 Interview).
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Negotiate your release under pre-charge bail or make representations to the police stating that you should be released with no bail.
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Negotiate with the police to have your property, for example, your mobile phone returned to you as swiftly as possible.
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Continue investigating your case, and work to have any further investigations involving you dropped.
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Organise expert evidence reports, for example from a psychologist to support your defence.
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If you are prosecuted, build and present a strong, persuasive defence to the judge and jury.
If you have been arrested or charged with assault or battery following a domestic abuse incident, please email Sohail immediately:
What is domestic abuse?
Section 1 of the Domestic Abuse Act 2021 defines domestic abuse as: ‘economic abuse’:
“Definition of “domestic abuse”
(1) This section defines “domestic abuse” for the purposes of this Act.
(2) Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if—
(a) A and B are each aged 16 or over and are personally connected to each other, and
(b) the behaviour is abusive.
(3) Behaviour is “abusive” if it consists of any of the following—
(a) physical or sexual abuse;
(b) violent or threatening behaviour;
(c) controlling or coercive behaviour;
(d) economic abuse (see subsection (4));
(e) psychological, emotional or other abuse;
and it does not matter whether the behaviour consists of a single incident or a course of conduct.
(4) “Economic abuse” means any behaviour that has a substantial adverse effect on B’s ability to—
(a) acquire, use or maintain money or other property, or
(b) obtain goods or services. abusive.
(5) For the purposes of this Act A’s behaviour may be behaviour “towards” B despite the fact that it consists of conduct directed at another person (for example, B’s child).”
Incidents of domestic abuse are rarely made in isolation. Often there are other factors adding stress to the relationship, for example money problems, drug and alcohol abuse, separation and divorce, or infidelity. Sohail is highly sensitive to these issues and will provide compassionate, practical legal advice that you can rely on, even under the most stressful of circumstances.
Can I be criminally charged under the Domestic Abuse Act 2021?
Although the Domestic Abuse Act 2021 defines domestic abuse, it does not create a domestic abuse/violence offence. Therefore, if you are charged with an offence by the police, it will be under another piece of legislation, for example the Sexual Offences Act 2003, or in the case of common assault or battery, the Offences Against the Person Act 1861.
Is there a time limit on using a complainant’s evidence in domestic abuse common assault and battery cases?
Section 39A of the Criminal Justice Act 1988, inserted by section 49 of the Police Crime and Sentencing Courts Act 2022, provides that if a complainant makes a statement or takes part in a video-recorded interview with the police on the understanding that their statements may be used in evidence in proceedings then a court case can begin:
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within two years from the date of the offence, and
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within six months from the first date the complainant made a statement or was interviewed about the incident.
Section 39A has considerably widened the timeframe in which proceedings can begin against a Defendant. Therefore, it is essential that you contact Sohail if you believe the complainant has made a statement or attended a video interview with the police, even if they have refused to co-operate any further with the investigation.
How can Sohail help with assault and battery charges in domestic abuse cases?
Sohail will examine every element of the prosecution's evidence and immediately zero in on any weaknesses and inconsistencies. Smart, meticulous, and completely dedicated to his clients, Sohail will ensure that you have the best defence available and expertly guide you through every step of the criminal law process.
With his years of experience, extensive legal knowledge, and passion for achieving the best for his clients, Sohail has gained a well-deserved reputation as an accomplished and talented Criminal Defence Solicitor.
If you have been arrested or charged with assault or battery following a domestic abuse incident, please email Sohail immediately: