The Likely Penalties for Assault Offences

When faced with assault offences you first need to determine what you have been charged with. Whether it is common assault, aggravated assault or grievous bodily harm, the outcome of the assault charges will depend on the step you take from that moment on. While assault charges are very serious criminal offences, there is no need to panic. The best thing to do is to approach assault lawyers and get legal advice as to whether you should plead guilty or not. In case you decide to plead guilty, your assault lawyers should be in a position to help you go through the case and face minimal penalty.

Criminal law is a complex affair that changes often for an ordinary person to easily understand all its aspects. You need good assault lawyers who are keen on identifying the loopholes and evidence that can be used on your defense. Furthermore, an experienced lawyer who has gathered excellent cross examination skills over the years will you save you the time and disruption from your professional life by handling the case with undivided attention.

The likely penalties for assault offences are somewhat determined by the kind of court that will hear your case. For instance, if the case is handled by the district court, you are probably going to be given an 8 month good behavior bond under section 9 of the crimes Act. However, if the matter is taken to the local court, first time offenders may receive a fine of $500 or a 12 month good behavior bond under section 9 of the crimes Act.

When given the police facts sheet, there is a law part and a short description of the offence which helps your assault lawyers to identify exactly what type of assault you have been charged with. Common assault charges are the most popular. For the police to convict you of search charges, they must prove beyond reasonable doubt that you committed intentional and reckless acts of violence by touching, applying force or threatening another person without consent or lawful excuse. Your assault lawyers can lodge in a defense like duress, necessity or self defense so long as he has the evidence to back up the defense.

Common assault charges have different types of penalties. Whenever someone pleads guilty, the plea is followed by a conviction record and a penalty. However, a section 10 dismissal allows the court not to convict you might be given a fine. This fine will be determined by the court based on your ability to pay.

In the event that you are given a good behavior bond as a penalty for common assault charges, the court specifies a duration in which you must maintain a certain code of conduct in which they also specify. In fact, a suspended sentence may lead to a good behavior bond. However, if the accused fails to comply with the rules or conduct set by the court, he/she may have to face jail term in the long run. With a CSO (community service order), the accused or guilty person undertakes unpaid work for a given duration or attends a course that is meant to help a certain condition like anger management. Other penalties for assault charges are such as ICO and periodic detention.

Nedim U is the author of this article on common assault. Find more information, about assault here

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Penalties and Consequences For Disqualified Directors

The Company Directors Disqualification Act 1986 is the legislation that facilitates directors to be disqualified from their position.

This act gives the Secretary of State the right to apply to the court to have the director of an insolvent company declared unfit to continue with his or her duties.

For a director to be declared unfit he must have acted negligently or fraudulently. Examples include allowing the company to trade while it is insolvent or taking on loans on the behalf of the business which have no hope of being paid. Failing to keep proper records, not lodging accounts or tax returns or being remiss paying HMRC what is due are also grounds for company director disqualification.

Company directors' disqualification is dealt with in the civil courts, but the criminal courts can also impose bans. Should someone ignore a Disqualified Directors Order then he is committing an offence. In such cases the penalties are fines and/or a two year term of imprisonment.

Generally the periods of disqualification are between two to 15 years. The most serious cases include fraudulent activity relating to a company being wound up. That can lead to the maximum period of directors' disqualifications. Persistent failure to keep proper accounts can lead to bans of around five years.

The court can take cognisance of mitigating factors, such as adverse economic factors. In such cases the length of disqualification may be reduced. But in the best case scenario a defence is put to the court under which the Disqualified Directors Order is thrown out.

Whether someone wants to mount a defence or plead mitigating factors it is always best to seek legal advice from a solicitor who specialises in disqualified company director cases. The solicitor will be able to determine whether there is a realistic defence or mitigating factors to be put to the court.

The solicitor will also arrange for representation for potentially disqualified directors in court, the submission of evidence - 'Statement of Truth' - and the calling of witnesses.

Seeking legal advice and representation for is very important because the penalties for disqualified directors are very severe. Once the director is banned he can have absolutely no role to play in his company. Nor can he appoint a 'shadow' director to carry out his wishes. Furthermore, following the ban disqualified company directors cannot form another limited liability company until the period of disqualification has been served. Their name will also appear on a register which the public has access to.

Dealing with a Disqualified Directors Order can be quite difficult. If you want more information then contact Bonallack & Bishop, they specialise in advising and representing disqualified company directors. Senior Partner Tim Bishop is responsible for all major strategic decisions.

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