Criminal Law

If you have been charged with a criminal offence, it is vital to speak to a criminal defence lawyer without delay.

Not only are you entitled to legal representation, it is in your best interests to have an expert act on your behalf. This will ensure you do not accidentally incriminate yourself and will maximise your chances of a successful outcome – whether that is having the charges dropped, being acquitted or being handed a more lenient sentence.

If you are looking for a criminal law solicitor in Scotland, please do not hesitate to contact us for a free no obligation initial enquiry.

How can we help?

We represent those who have been accused of criminal offences such as –

• Statutory breaches of the peace
• Stalking
• Assault

Statutory breach of the peace (I.e. threatening or abusive behaviour: (Criminal Justice and Licensing (Scotland) Act, Section 38))

Breaches of the peace encompass a wide range of possible incidents, such as swearing, shouting, brandishing weapons and threatening violence. Whatever the specific nature of the charge, it means that you allegedly acted in a way that could have caused alarm to others and/or threatened serious disturbance.

In such cases the prosecution must prove beyond reasonable doubt that you are guilty. If they cannot do so, then the court must return a finding of not proven or not guilty. It may also be possible to argue that your actions were in fact reasonable.

This offence is punishable by up to five years in jail and/or a fine. We have considerable experience in dealing with such cases.

Stalking (Criminal Justice and Licensing (Scotland) Act, Section 39)

Stalking is when you engage in a course of conduct with the intention of causing a person to suffer fear or alarm, or where you ought to have known that engaging in the course of conduct would likely cause that person to suffer fear or alarm. Behaviour that could amount to stalking includes spying on someone, checking their digital communications or contacting that person repeatedly.

There are various ways to defend a charge of stalking, but the most common is to argue that your behaviour was reasonable. If this can be established, the court must find you not guilty.

A person convicted of stalking could face a prison sentence of up to five years, a fine, or both.

The court also has the power to find the accused guilty of a statutory breach of the peace if the evidence meets that test but does not amount to stalking itself.

Assault

Assault is when you physically attack another person with the intent to cause injury or with reckless disregard to the consequences. In Scotland it is also possible to be charged with aggravated assault, which is more serious than common assault. An assault may be considered aggravated if a weapon was used, if the victim was attacked in their home, suffered long-term injuries, or was attacked on racial or religious grounds.

If you have been charged with assault, it will be necessary for a successful defence to prove that you were either acting in self-defence (and did not go over the score in the process); or, if pleading guilty, that there were mitigating factors that go some way to explaining your behaviour – for example, you were provoked.

Criminal defence lawyer

We understand that being charged with a criminal offence is a distressing experience. The implications of being found guilty of can be profound, and it is tempting to bury your head in the sand in the hope the problem will go away.

However, we urge you to seek legal help at the earliest available opportunity, no matter what the charge. A lawyer who specialises in criminal law is there to help you, not judge you, and will act with the utmost confidentiality at all times.

A lawyer will understand how to defend your case and limit the potential consequences of a criminal charge. It will also mean you can rely on someone else to do all the hard work and guide you through the process, relieving you of a significant amount of stress.

If you are facing prosecution (or even the prospect of it), do not leave it until the last minute to seek help from a criminal defence lawyer.

Contact us now

To find out more about how we can help you, please contact us now on Freephone 0800 678 5167 or make a Free No Obligation Initial Enquiry.