Conspiracy to commit aggravated assault is an offence that can come with a stiff punishment. This article provides detailed guidance on the typical sentencing for this offence.

What is the sentence for Conspiracy to commit aggravated assault in 2020?

Conspiracy to commit aggravated assault is the term used for what is one of the most serious of all violence-related allegations. A conspiracy is when two or more people plot and plan to act in a way that is going against the law. To commit aggravated assault is an attempt to inflict physical harm or unwanted physical contact upon a person.

Anybody who is part of an investigation into a conspiracy to commit aggravated assault offence will find it a time of stress and disturbance. The police will examine all areas of your life, who you know and your personal affairs and business.

Depending on what happened, there is likely to be a threat to your liberty and possibly assets.

At a time like this, it is to your benefit to seek the advice of a lawyer who has experience and expertise in defending conspiracy to commit aggravated assault cases. The sooner you get a skilled criminal solicitor to listen to your side of the story, the faster they will be able to craft you a defence strategy to protect you before it leads to a court case.

We have put together the questions and answers that our clients typically ask us when they are at risk of being convicted for a conspiracy to commit aggravated assault. If you cannot see the information that you need here, use our contact form or call us on 0208 888 5225. Our emergency 24/7 number for those who have been arrested is 07980 000 076.

More about the conspiracy to commit aggravated assault offence

The conspiracy to commit aggravated assault offence always has more than one person involved. Here are some examples of the acts that would be classified as committing this crime:

Planning to use firearms on a member of an opposing gang – for instance, arranging with your friends that you will take a gun and fire it at a member of another gang with whom you have had verbal or social media-based altercations.

Plotting to use a weapon on a love rival – for example, conspiring with another on how one or both of you could severely harm a person who you feel has ‘stolen’ the affections of your loved one.

Planning to beat somebody up to bully them – an example of this might be planning with a friend to hurt somebody for not being ‘as cool’ as you or for being ‘an idiot’.

Plotting to hurt somebody based on a drug-related argument – for instance, planning with another to seriously harm somebody for not paying what they owe for previous drug purchases.

There are, of course, many other acts that somebody could do as part of a conspiracy to commit aggravated assault. If you would like to speak to somebody to understand whether a specific action is classified as a conspiracy to commit aggravated assault crime, contact us or call us on 0208 888 5225. We also have a solicitor on hand 24 hours a day if you need urgent legal help which can be reached on 07980 000 076.

What is the average sentence for conspiracy to commit aggravated assault offences?

Due to the serious nature of a conspiracy to commit an aggravated assault case, the trial will usually be heard at a Crown Court. The Judge and jury will be shown any pieces of evidence that the prosecution has collected to prove your guilt.

If the Judge and jury find you guilty and you are convicted, you are likely to receive a hefty sentence which may even be life imprisonment, depending on what the circumstances are. The maximum sentence of life imprisonment is typically given to the most serious of cases. Eight years of imprisonment and less is given for lesser crimes.

How does a court decide on the seriousness of the conspiracy to commit aggravated assault offence for sentencing purposes?

The information that judges are given with regards to sentencing are only guidelines, and each case will be looked at individually. One of the factors judges consider in every case of this nature is the defendant’s level of genuine remorse.

The following is an excerpt taken from the website of the Sentencing Council. This information is provided as guidelines to judges on what they should consider when sentencing. However, please note that each case will be looked at individually.

The level of culpability is determined by weighing up all the factors of the case to determine the offender’s role and the extent to which the offending was planned and the sophistication with which it was carried out.

Culpability demonstrated by one or more of the following

A – High culpability

  • A leading role where offending is part of a group activity
  • Involvement of others through pressure, influence
  • Abuse of position of power or trust or responsibility
  • Sophisticated nature of offence/significant planning
  • Fraudulent activity conducted over sustained period of time
  • Large number of victims
  • Deliberately targeting victim on basis of vulnerability

B – Medium culpability

  • A significant role where offending is part of a group activity
  • Other cases that fall between categories A or C because:
    • Factors are present in A and C which balance each other out and/or
    • The offender’s culpability falls between the factors as described in A and C

C – Lesser culpability

  • Involved through coercion, intimidation or exploitation
  • Not motivated by personal gain
  • Peripheral role in organised fraud
  • Opportunistic ‘one-off’ offence; very little or no planning
  • Limited awareness or understanding of the extent of fraudulent activity

Where there are characteristics present which fall under different levels of culpability, the Court should balance these characteristics to reach a fair assessment of the offender’s culpability.

What are some of the mitigating factors that might reduce the conspiracy to commit aggravated assault sentence?

When two or more people are planning or agreeing to commit aggravated assault, the courts view this very seriously. In response, the Court often hands out serious penalties in an attempt to deter other potential offenders.

Certain aspects of a case are known as the mitigating aspects which can influence the sentence that a judge gives. In conspiracy to commit aggravated assault cases, they may include:

  • Your previous conviction
  • Your level of remorse
  • Your level of cooperation with the investigation
  • Whether the activity you took part in was initially legitimate
  • Your reputation / good character
  • Whether you have any severe medical conditions that require long term, urgent or intensive treatment
  • Whether you have a learning disability or a mental disorder
  • Whether you are the sole or primary carer for related dependents

Is it possible to reduce a sentence for conspiracy to commit aggravated assault with a guilty plea?

In recent years, several changes have been made to the sentencing system in the UK to save the court time and cost and to protect witnesses from the stress of needlessly going through a trial. For offenders aged 18 and over, pleading guilty early on in a case can reduce a sentence by as much as one third (maximum). The later the plea is entered, the smaller the reduction.

‘Early on’ refers to ‘the first stage of the proceedings’ and means anytime up to and including the first hearing at the Magistrates Court or Crown Court for indictable offences.

If a plea is entered 14 days after the first hearing, for example, the maximum level of reduction is just 20% or one-fifth of the sentence. For indictable offences, the limit for a guilty plea to be made is within 28 days after the prosecutor has stated compliance with section 3 of CPIA 1996 and serving disclosure;. However, the decision is ultimately in the hands of the Judge, who has the discretion to apply whatever credit is deemed appropriate.

After these times, there is a sliding scale of credit applied. This goes down to one-tenth on the first day of the trial and to zero if entered during the course of the trial. In theory, the ten per cent could be given if the plea is issued after the opening speeches on the first day, but prior to any witness evidence being heard.

If the accused does not want to plead guilty, then it’s important for the solicitor to regularly inform the Court throughout the trial of the reasons why the client’s plea is not guilty.

What are some of the other consequences of conspiracy to commit aggravated assault offence?

Ancillary Orders

A court can also make ancillary orders on a defendant if they are found guilty and convicted of an offence. These are extra elements that can be added to a sentence and include additional restrictions or requirements that affect a dependent’s finances, property or activity.

Ancillary orders that are typically added to the penalty for those who are found to be guilty of binary option fraud include:

  • Compensation for loss
  • Restraint orders
  • Reparation orders
  • Financial reporting order
  • Disqualification from directing a company
  • Confiscation orders

As part of your investigation, you may also have your assets frozen with the possibility of having cash or other assets seized.

In addition, the Court may demand payment of the following if the accused is convicted:

Payment of costs applied for by the prosecutors

Although the police meet some of the costs involved in the prosecution, the costs of investigation are typically sought from the convicted. These may include the costs of:

  • The work undertaken in obtaining enough evidence for prosecution either at the initial stage or later at the request of Crown Prosecution Service (CPS)
  • Seeking medical or expert evidence as part of the investigation, (where a witness is required to attend Court, the cost of the attendance falls on the CPS).
  • Re-interviewing witnesses
  • The entire costs of the prosecutor, including fees for the use of external Barristers used by the CPS, can be recovered from the defendant, subject to means. At the end of the case, the prosecutor under The Prosecution of Offences Act 1985 will request the Judge to order a sum to be paid for the costs incurred by the prosecutor in bringing the prosecution.

Victims surcharges

The term victims’ surcharges can be explained as paying compensation to a fund for victims and can range between £20 to £170 depending on what sentence you were given at conviction.

How sentences can be added to national information databases

There are several national databases that hold information about individuals and any allegations made about them, their criminal and court records. These include the DBS (Disclosure and Barring Service) which was previously known as the CRB (Criminal Record Bureau) and the Police National Computer (PNC).  Depending on what happened, whether the accused is convicted and what sentence was issued, the accused may be added to one or all these databases. Their purpose is to provide information to potential employers and to regulate the ability to take part in certain activities.

If your case progresses to Court and you are convicted of conspiracy to commit aggravated assault, your conviction will be noted on your CRB / police record. The period of the endorsement will depend on the nature and length of your sentence.

Below are details on how long you will be listed as holding a criminal record if convicted. This is something very serious to consider when it comes to future employment. The term ‘spent’ refers to when your name can be removed from the databases.

Rehabilitation Period
(the time it takes for the sentence to become ‘spent’)
Sentence Adult (aged 18+) at time of conviction Young person (aged under 18) at time of conviction
Prison sentences of more than 4 years Sentence is never spent Sentence is never spent
Prison sentences of more than 2.5 years (30 months) but less than 4 years Sentence length 7 years Sentence length 3.5 years
Prison sentences of more than 6 months but less than 2.5 years (30 months) Sentence length +4 years Sentence length +2 years
Prison sentences of less than 6 months Sentence length + 2 years Sentence length +18 months
Conditional Discharge Length of order Length of order
Absolute Discharge None None
Conditional Caution 3 months 3 months
Simple Caution / Youth Caution None – immediately ‘spent’ None – immediately ‘spent’
Other Including Compensation Order, Supervision Order, Bind Over, Hospital Order Length of the order / once compensation is paid Length of the order / once compensation is paid

How Can Stuart Miller Solicitors Help?

Here at Stuart Miller Solicitors, we have got over three decades of experience of defending conspiracy to commit aggravated assault cases. It’s a crime that we have many clients for so we know the offence inside out which gives us an advantage when it comes to building defence strategies.

What some of our clients are not always aware of is that it is the role of the prosecution to prove the guilt of the accused; it is not for the accused to prove their innocence.

The team at Stuart Miller Solicitors have some of the brightest and quickest legal minds in the business. Our track record demonstrates how effective our team can be in pulling the prosecution’s evidence to pieces to weaken their argument.

When the stakes are high, and there is a genuine possibility of being given a lengthy term of imprisonment, you must engage a solicitor who has the know-how to help. Family members can also be at risk of being hit with an incredible impact if you are given hefty imprisonment. This being the case, it’s crucial to hire solicitors who are creative problem solvers, have vast experience and a broad network of legal experts, including forensic analysts.

Being committed to winning with substantial determination are other qualities that you want your lawyers to have when working on conspiracy to commit aggravated assault prosecutions. Our team leave no stone unturned on a relentless pursuit of ways to strengthen your defence.

The risk for any solicitor involved in a conspiracy to commit an aggravated assault case is what may be said by the other party(s) involved in the case. Our solicitors always start on a case as early as possible. The initial step is to build a profile of the other person(s) to understand what their defence strategy is likely to be in this case.

What will happen when I instruct a conspiracy lawyer?

When you are assigned a solicitor to work on your conspiracy to commit aggravated assault case, they will also call on their colleagues and network of barristers, QCs and forensic analysts for their opinions and help. Known for our exceptional customer service, you’ll be taken care of throughout the investigation and case.

Our team are not only highly competent in their work, but they also have a very high level of commitment, energy and vigour to apply to every case. Competitive and determined to win are other ways to describe them.

The way to increase the chances of success is to take very early action. Some prosecutions put a lot of pressure on the accused and are highly intimidating and complicated. Stuart Millers Solicitors are here to give you the support you need every step of the way and will provide you with guidance and direction to make everything easier for you.

We invite you to have a free thirty-minute consultation with a lawyer to discuss your situation. If you have already been arrested, we can act at the police station for you and look into securing legal aid. If for some reason you don’t qualify for legal aid, we offer competitive rates and don’t tack on surprise charges without informing you upfront, wherever possible.

Arrest & Interview

If you find yourself in the police station, after having been arrested, you must seek legal support immediately. The police will be trying hard to get you convicted from the very early stages of their involvement with you. This will include recording all that you say and asking very probing and intrusive questions.

There is a good chance that the police will also seize your laptop, tablet and phone to examine in a bid to find further evidence. They want to know what you have been searching for online, who you have been communicating with and why.

Stuart Miller Solicitors aim to provide you with support throughout your trial. We will be seeking to avoid any sentencing in your case at best or to lighten the sentence at worst.

Having successfully defended hundreds of cases, and being able to apply our knowledge of how the courts and sentencing works, we have what it takes to get you the most favourable outcome.

Would you like to discuss your case before instructing us?

You are invited to contact us to arrange a no-obligation chat with us. During this time, you can discuss what happened in your conspiracy to commit aggravated assault case, and you can get to know more about what we can do to help you.

We offer free consultations. Get in touch now for legal help.

Please Contact Us or call us on 0208 888 5225. If you ask to speak to our conspiracy to commit aggravated assault lawyers, you can arrange to meet in person, chat by phone or by video. We also have a WhatsApp link at the bottom of the page for those who are using a mobile phone.

Get in touch with us now for conspiracy to commit aggravated assault legal help.

 

 

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