What is Assault? A Closer Look at the Legal Definition

Assault is one of the most common criminal charges in South Africa, but it can also be one of the most misunderstood. Whether you are facing assault charges or have been the victim of an assault, understanding the legal process is essential. At Burger Huyser Attorneys, we specialise in providing expert legal advice and representation for those involved in assault cases, helping you navigate the complexities of the law and achieve the best possible outcome.

In South Africa, assault is defined as the unlawful and intentional application of force to another person without their consent. Assault can take many forms, from physical attacks like hitting or pushing to verbal threats or intimidation that lead to fear of harm. The severity of the assault and the harm caused to the victim can influence the specific charges brought against the accused.

The law in South Africa distinguishes between different levels of assault based on the nature and extent of the harm caused:

  1. Common Assault
     Common assault is the least severe form and typically involves minor physical contact or threats of violence. For example, pushing or slapping someone could be classified as common assault. The penalty for common assault can range from a fine to imprisonment, depending on the circumstances and whether the accused has a previous criminal record.

  2. Assault with Intent to Cause Grievous Bodily Harm (GBH)
     Assault with intent to cause grievous bodily harm is a more serious charge and occurs when the accused intentionally causes harm to another person with the aim of inflicting severe injury. This can include attacks with weapons or other actions that result in significant harm. Penalties for assault with intent to cause GBH can include lengthy prison sentences.

  3. Assault Causing Serious Injury
     In some cases, assault may result in serious physical injury, such as broken bones or internal injuries. If this is the case, the accused may face more severe penalties, including imprisonment. The court will consider factors such as the intent behind the assault and the extent of the injuries when determining the sentence.

What to Do if You Are Facing Assault Charges in South Africa

If you are facing assault charges, it is crucial to understand the legal process and take immediate action to protect your rights. Assault charges can have serious consequences, including imprisonment, fines, and a permanent criminal record. Here are the key steps you should take if you have been charged with assault:

  1. Contact a Criminal Defence Attorney
    The first and most important step is to seek legal advice from an experienced criminal defence attorney. At Burger Huyser Attorneys, we specialize in handling assault cases, and we can provide you with expert legal representation to help build a strong defence. Our team will carefully examine the circumstances of the case, review evidence, and create a tailored strategy to help you achieve the best possible outcome. 
  2. Understand the Charges Against You
     Your lawyer will help you understand the specific assault charges you are facing. It is important to know whether you are being charged with common assault or a more serious offence like assault with intent to cause grievous bodily harm, as the penalties vary greatly. Understanding the charges will help you and your attorney prepare your defence. 
  3. Gather Evidence and Witnesses
     In many assault cases, evidence and witness testimonies play a crucial role in determining the outcome. If you have been falsely accused, your attorney will help gather any evidence that supports your innocence, such as alibis, surveillance footage, or witness statements. On the other hand, if you are the victim, providing evidence of the assault (e.g., medical reports, photographs, or statements from witnesses) will be crucial in proving your case. 
  4. Attend Court Hearings
     Depending on the nature of the charges, your case may go to trial, or you may be offered the opportunity to plead guilty to a lesser charge. It is essential to attend all court hearings and comply with any legal obligations. Your attorney will guide you through the process, ensuring that you understand what to expect and how to present your case effectively.

What Are the Possible Defences in an Assault Case?

In South African law, there are several potential defences to assault charges. It is important to understand these defences so that you can make informed decisions about how to proceed with your case. Common defences include:

  1. Self-Defence
     One of the most common defences against assault charges is self-defence. If you can prove that you used force to protect yourself from an imminent threat, the court may find that the assault was justified. However, the force used must be proportional to the threat, and you must not have exceeded the level of force necessary to protect yourself. 
  2. Lack of Intent
     To be convicted of assault with intent to cause grievous bodily harm, the prosecution must prove that you intended to cause significant injury. If you did not have the intention to harm the other person, it may be possible to argue that the assault was unintentional or accidental. 
  3. False Allegations
     In some cases, individuals may be falsely accused of assault due to misunderstandings, personal conflicts, or malicious intent. If you can prove that the allegations are false and that you did not commit the assault, you may be acquitted of all charges.

If you are facing assault charges or have been the victim of an assault, Burger Huyser Attorneys is here to provide expert legal representation and support. Our experienced team of criminal defence lawyers will guide you through every step of the legal process and work tirelessly to ensure that your case is handled with the utmost care and professionalism.

Don’t face assault charges alone – contact us today for a confidential consultation and let us help you achieve the best possible outcome.

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;

Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE