Assault by beating

[kevg68]

I had an argument with a traffic warden, he reported me and although i did not touch him i was questioned by the police and i`ve just received a court summons and been accused of assault by beating. I have never been in any trouble before and have done nothing wrong. Should i get a solicitor ? and what can i expect ?

[New Judge]

You need to see the evidence that the CPS have to support the charge. This must be suppplied to you before you attend court. You can then decide how to proceed.

[Buenchico]

The charge of 'assault by beating' is used (instead of that of 'common assault') when there has been a battery, which is defined in law thus:
"A battery is committed when a person intentionally and recklessly applies unlawful force to another".
Note that momentarily gripping someone's arm would provide sufficient grounds for the action to be considered a 'battery'.

'Section 39' offences are 'summary only', which means that they must be dealt with in a magistrates court, not in a Crown Court. While there's theoretically the possibility of a prison sentence (of up to 6 months) the reality is that minor matters (such as the one you've allegedly been involved in) normally result in a fine (plus costs, plus a payment to the fund set up to support victims of crime), with the possibility of a period of unpaid work.

Chris