What happens for a first offence of Assault?

Assault is a serious criminal offence in the UK, carrying significant legal consequences. This charge can lead to a distressing experience, with the potential for penalties including imprisonment. If you or someone you care about is facing charges of assault, it is vital to seek legal advice immediately. This article offers an overview of the offence, illustrates examples of assault, delves into the specifics of sentencing, and explores the likelihood of imprisonment for first-time offenders. We’ll also guide you on how to get more help.

What is the offence of assault in the UK?

The offence of assault in the UK is primarily governed under the Criminal Justice Act 1988 and the Offences Against the Person Act 1861. Assault is broadly defined as any act by which a person intentionally or recklessly causes another to fear immediate unlawful violence. In English law, this can range from acts causing minimal fear of harm to actual physical contact.

Key components of assault include:

• the accused performing an act that causes the victim to apprehend immediate and unlawful violence.
• the perpetrator must have intended or been reckless as to causing the victim to fear immediate harm.

Assaults can be categorised into common assault and aggravated assault. Common assault doesn’t involve physical contact; it is enough if the victim fears they might be hurt. Aggravated assault, on the other hand, involves serious harm or is committed with a deadly weapon.

What are some examples of assault offences in the UK?

Assault is a very wide ranging offence and numerous different actions could constitute the offence. Examples of assault offences include:

• Threatening someone with physical harm in a verbal altercation.
• Raising a fist towards someone in a threatening manner.
• Spitting at someone.
• Pushing or shoving a person without their consent.
• Throwing an object close to someone to intimidate them.
• Making a sudden move that causes someone to fear they will be struck.
• Waving a weapon, like a knife or a bat, in a threatening way, even if the weapon is not used.
• Kicking at someone, even if you don’t make contact.
• Deliberately obstructing someone’s path aggressively, forcing them to move to avoid harm.
• Grabbing someone’s clothing or possessions in a threatening manner.
• Making physical contact, however slight, in an aggressive or unwanted manner.
• Intentionally standing too close to someone in a menacing way, invading their personal space to intimidate.

What happens if you are suspected of committing assault in the UK?

If you are suspected of committing assault in the UK, the legal process that unfolds is comprehensive and rigorous, reflecting the seriousness of the offence. Here’s an outline of the typical steps involved:

• Investigation: Initially, the police will conduct an investigation into the alleged assault. This involves gathering evidence, which may include taking statements from the victim and any witnesses, collecting medical reports if there are injuries, and reviewing any available CCTV footage that might have captured the incident.
• Arrest: If there’s sufficient evidence to suggest involvement in the assault, the police can arrest the suspect. The arrest allows the police to take the individual into custody for questioning and further investigation.
• Detention and Questioning: After arrest, the suspect can be detained at a police station for a certain period. During this time, they will be questioned about the incident. It’s crucial for the suspect to have legal representation during this stage, as what is said or not said here can significantly impact the case.
• Charging: Based on the findings from the investigation and questioning, if the police believe there is enough evidence, they will charge the suspect with assault. The specific charge (e.g., common assault, actual bodily harm, grievous bodily harm) depends on the nature and severity of the alleged offence.
• Bail or Release Under Investigation: After being charged, the suspect may either be released on bail or under investigation while awaiting trial. Bail conditions may be imposed, which could include restrictions like not contacting the victim or witnesses.
• Court Proceedings: The case will then proceed to court. Most assault cases are heard in the Magistrates’ Court, but more serious cases (such as those involving significant injury) may be sent to the Crown Court.
• Trial: During the trial, the prosecution must prove the suspect’s guilt ‘beyond reasonable doubt.’ The defence will have an opportunity to present their case, challenging the prosecution’s evidence and providing their version of events.
• Verdict: After hearing all the evidence, the judge (in a bench trial) or jury (in a jury trial) will deliver a verdict. If the suspect is found guilty, they will be convicted of assault.
• Sentencing: If convicted, the court will impose a sentence based on the severity of the assault and any mitigating or aggravating factors. Sentences can range from fines and community orders to imprisonment, depending on the nature of the assault.
• Appeals: The convicted individual has the right to appeal against their conviction or the severity of their sentence if they believe there has been a miscarriage of justice.

Remember that every case is unique, and the legal process can vary based on the specifics of each case. Legal guidance is essential to navigate these complex proceedings.

What is the sentence for assault?

The sentencing for assault in the UK varies widely depending on the nature of the offence and several key factors. Assault can range from common assault, which involves causing someone to apprehend immediate unlawful personal violence, to more serious forms such as actual bodily harm (ABH) or grievous bodily harm (GBH), which involve causing physical injury.

• For common assault, the maximum sentence is up to 6 months’ imprisonment and/or a fine.
• ABH can lead to a maximum sentence of up to 5 years’ imprisonment.
• GBH sentences can be more severe, with maximum sentences ranging up to life imprisonment, especially in cases where the assault is committed with intent.

Aggravating factors can lead to harsher sentences. These include:

• Severity of injury: Greater harm to the victim often results in a more severe sentence.
• Use of a weapon: Using a weapon during the assault increases the seriousness of the offence.
• Pre-meditation: If the assault was planned, it is viewed more seriously.
• Vulnerable victim: Assaulting a child, elderly person, or someone with a disability can lead to a harsher sentence.
• Repeated assaults or sustained attack: A prolonged or repeated assault is treated more severely.
• Hate crimes: Assaults motivated by race, religion, sexual orientation, or disability are viewed as particularly serious.

Mitigating factors, on the other hand, can lead to more lenient sentences. These include:

• Lack of previous convictions: A clean criminal record can significantly mitigate the sentence.
• Remorse: Demonstrating genuine remorse can influence the court towards leniency.
• Provocation: If the assault was committed in response to provocation, it might lead to a lighter sentence.
• Self-defence: Acting in self-defence, within reasonable bounds, can be a mitigating factor.
• Mental health issues: If the offender has relevant mental health problems, this may be taken into consideration.
• Age and maturity: Especially for younger offenders, their age and maturity level can influence sentencing.

The final sentence is at the discretion of the judge, who will consider the individual circumstances of each case.

Will I go to prison if it is my first time committing assault?

When judges in the UK consider sentencing for a first-time offender of assault, they evaluate several key factors. The severity of the assault is paramount; more serious assaults, particularly those involving significant harm or the use of a weapon, are more likely to result in imprisonment. The circumstances of the offence, such as whether it was premeditated or occurred spontaneously, are also crucial.

The background of the defendant is important. A lack of previous criminal history can act as a mitigating factor. Judges also take into account personal factors like age, mental health, and general character. The impact of the assault on the victim, both physically and emotionally, is another significant consideration, often assessed through victim impact statements.

Judges follow the Sentencing Council’s guidelines, balancing aggravating factors, like the nature of the assault or any premeditation, against mitigating factors such as self-defence or provocation. The principle of proportionality is key — the punishment should fit the crime, and for lesser assaults, non-custodial sentences may be considered.

Public interest and deterrence, especially in cases involving public disorder or domestic violence, can influence the decision, sometimes leading to stricter sentences even for first-time offenders. Ultimately, while being a first-time offender can be mitigating, the decision hinges on a complex blend of the offence’s specifics, the offender’s background, and the impact on the victim, making legal guidance essential for navigating this process.

Where to get further help

Assault charges may be common, but that does not mean that they are any easier to handle if you or someone you care about is facing one. This article has outlined the offence, legal process, sentencing guidelines, and considerations for first-time offenders. If you need more information or would benefit from a free consultation, contact the experts at Stuart Miller Solicitors today. We provide unparalleled guidance and support throughout the entirety of the criminal process, making it easier for you to focus on your defence from day one.

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N A

14:13 14 Aug 24

When you have to look for a solicitor it’s usually because you’ve found yourself in less than pleasant circumstances. That was absolutely the case for me when I reached out to Stuart Miller Solicitors.I was dealing with a matter that had transpired over two years ago and was receiving repetitive communications and misdirections from police. However, that all ended when I was represented by Stuart Miller Solicitors.They were so helpful at every stage, but especially Scarlett Rowe, who simply was exceptional.Scarlett went above and beyond what I sense my case even required. She submitted disclosures and communications to CPS in a manner and at junctures where it would be most impactful and therefore critical to a good outcome. And that’s exactly what I got—nothing short of a good outcome.

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19:53 11 Aug 24

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10:49 05 Aug 24

Firstly I would like to say thank you to everyone who was involved in my case here at Stuart miller solicitors, especially Mr Zeb And Nick James both have put in the hard work and efforts to try and give the best results in my case and quite frankly I was happy with the results.Mr Zeb was my real hero very caring and helpful throughout the case making sure I was not let down and stressed I would most definitely be using Stuart miller solicitors for my future casesThanks a million

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17:21 25 Jul 24

I’d like to thank the team and especially Anna Sidgwick, on securing the acquittal for my son at Isleworth Crown Court.In what was a traumatic and emotional experience Anna was always on hand to support us.Effectively bridging the gap with our son who was in custody.Her diligence and commitment allowed what was a troubled experience, bearable.Very professional and diligent.Much appreciated.

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I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

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11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

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09:45 14 May 24

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23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

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17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

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15:37 16 Feb 24

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10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

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15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

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20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

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20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

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12:36 22 Jan 24

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22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

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23:14 19 Jan 24

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Real Cubano

13:03 16 Jan 24

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19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

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20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

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19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

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11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

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15:51 28 Nov 23

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05:40 27 Nov 23

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20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

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10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

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21:28 18 Nov 23

Very helpful. Helped me understand, replied back very quickly.

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03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

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14:50 14 Nov 23

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06:12 31 Oct 23

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22:54 28 Oct 23

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20:51 25 Oct 23

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06:11 19 Oct 23

If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

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18:59 17 Oct 23

Incredible legal team! I couldn't have asked for better representation during the most challenging period of my life. They're genuine care made all the difference in my case.

MadDog Lambo

13:11 17 Oct 23

Called Stuart Miller for advice. Bobbi was more than happy to advise me and answer all questions. When i had further questions, Mohammed personally called me to answer them in full. I can not recommend Stuart Miller highly enough and they went above and beyond, in taking the time to make sure all was taken care of and all questions answered.

Ambreen Farooq

20:06 12 Oct 23

I spoke with Mr. Kibla regarding a query I had and he was so helpful and informative. Will definitely be using their services if ever needed.

Norrys 88

10:26 11 Oct 23

Thank you team stuart millerI was on a suspended sentence and i breachedA brilliant director from the firm saved me

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14:13 04 Oct 23

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12:42 04 Oct 23

Excellent communication skills the correct result thanks guys

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12:17 04 Oct 23

An excellent firm and knowledgeable solicitorsI had no idea who to got when my money was seizedMohammed zeb was proactive in his advice sensitive to my needs and challenging to the systemI got the cash and won my caseThe moral is: Experience is a mustDedication is trustMotivation is keyThanks

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19:36 29 Sep 23

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XSimplyChxrryX

13:04 21 Sep 23

They saved my lifeMy businessMy worldThank youTEAM STUART MILLER

Hannah Brooks

12:48 07 Sep 23

Unfortunately got myself in a situation where I needed legal representation. My solicitor was great, but attention needs to be drawn especially to Amirah. She well and truly went over and beyond what most people would do, to help me resolve the situation. Nothing was ever too much, in fact it was her who pushed things further than I'd have even asked her to, she really does care about not just her occupation, but the people she helps. Cannot say enough good things about her... not just good legal representation, but an actual lovely person who genuinely cares, and you don't get that very often anymore. So, thank you to Stuart Miller Solicitors in Wood Green, but definitely, more importantly, to Amirah.

Angela M

20:11 05 Sep 23

I would like to say a big thank you to Savannah Loizides. My elderly mother recently required legal assistance for a police interview as part of an investigation.Savannah was professional, caring and supportive. In the days and weeks following the police interview, Savannah has been helpful and informative answering my questions promptly.I would recommend Stuart Miller Solicitors and would not hesitate to contact them again if the need arises.

Aisha Bibi

14:38 12 Aug 23

My husband was represented by an solicitor who frequently appears on Tik TokWe had very minimal advice the service was shambolicWe had been referred to the director who saw us asap and understood the life changing dilemma he facedWe had proper legal advice and the eventual result was that my husband was found not guiltyI say this to the nation just get an appointment and speak to the teamSome of the people you see on social media are not worth itGuys this is your life . YOU HAVE ONE CHANCE GET THE TEAM AT STUART MILLERAll I can say is you will not be disappointed

Omar Ramjean

22:48 11 Aug 23

Gave some advice about the situation told me what to expect and if I need to instruct they will be happy to help

Lou D

14:30 09 Aug 23

My husband an I are extremely grateful for Abu Kibla and his amazing support representing my husband under such time consuming circumstances. He was very helpful and made us feel at ease right away.We left pleasantly satisfied and would definitely recommend Abu Kibla to anyone needing representation.Thank you

Jake Elliott

11:46 02 Aug 23

Abu Kibla represented me for my second drink driving offence, and not only that I had no license or insurance. Perhaps I am exposing myself saying that but you need the context as Kibla managed to get my ban reduced from 3 years to 2.5, and only a 200 pound fine. Aside from being very professional at what he does, he's also a good guy, who has your back. He explained my situation to the judge in a clear way I wouldn't have been able to. Don't hesitate!

R M

20:05 01 Aug 23

I would like to thank everyone at Stuart miller especially to Kibla for their excellent work. At a time when things were very hard for me they helped me win my case. I hoped for total support from Stuart Miller when I instructed them, I got so much more. I would highly recommend Stuart Miller to anyone seeking for a reliable legal team. Many thanks again for everything, you were brilliant.

Jabrar Hussain

08:21 29 Jul 23

Spoke to a director at 8 amIf I could give 10 stars I wouldAll my anxiety finishedThanks 👦

Karima AMRAOUI

13:37 28 Jul 23

Fantastic firm excellent lawyersBrilliant advocates overall THE GO TO FIRM

Taj Uddin

13:10 28 Jul 23

Thank you for all your help I am great full fir having such a great team who considered all my issues and got me the correct result

Nathan Hallway

12:59 28 Jul 23

Id like to say Thankyou to joe and tasnuva.They really helped me out and was so kind and thoughtful throughout.

maruf kocabay

10:28 28 Jul 23

Brilliant application by Mohammed zebAlso thank you to the team

Bill

13:08 25 Jul 23

Contacted them, rang me back immediately gave me legal advice and said they would be there if ever needed. I can breath abit better with their advice.

Halil Su

17:49 21 Jul 23

I just wanted to say big thank you to MR MOHAMMED ZEB and FUNDA BOZKURT for helping me, I’ve know MR Zeb over 20 years. Best defence lawyer in London, I appreciate your time and efforts.Kind regardsMr Su

Mohammed Hussain

11:04 17 May 23

Excellent service from sincere highly qualified individuals who are truly motivated to help you with legal matters. I specifically want to thank Kelly Morris for her outstanding work in my case. She is an awesome lady and a fantastic legal professional who I simply cannot thank enough! Kelly I will never forget the day you called me with the good news. 10/10 service!Big thanks to Stuart Miller law firm also! I will be using this law firm if any future legal problems arise, but hopefully this will not be the case!

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