How is violent crime defined in the UK?

Violent crime refers to a broad and often highly emotionally charged array of offences in the UK. You’ll often hear references to it in the media, whether that’s with regard to rising violent crime rates or a particularly sensational example that grabs the headlines.

Due to the way that these crimes are talked about in the public sphere, being the subject of a criminal investigation for a violent crime can be a very stressful situation to find yourself in. This article aims to elucidate on the matter, providing some general definitions and further bits of advice.

 

General definition of violent crime

Violent crime is generally used to refer to offences that involve physical force or even the threat of physical force against another individual. 

Homicide

Homicide is the most serious form of violent crime in the UK, and it can be broken up into two broad categories – murder and manslaughter. Murder requires an intention to either kill the victim, or at least an intention to commit grievous bodily harm (GBH). 

Manslaughter, on the other hand, will still refer to the illegal killing of another person, but without the same kind of intention. It will often either be the result of gross negligence, such as a doctor not looking after a patient, or an illegal act, such as a drunk driver hitting a pedestrian with their car.

Assault

Perhaps the most common example of a violent crime is assault. Again, assault can be divided into several different categories. At the least serious end of the scale is common assault, which might apply in cases where there is no injury, or at least the injury is not a serious one.

Where injuries are slightly more serious, it’s possible that the offence of Actual Bodily Harm might apply. This is significantly more serious than common assault. In cases where even more serious injuries occur, Grievous Bodily Harm may apply, with more serious sentencing applying still.

Guns and knives

Another range of crimes that, while not technically violent in nature, are connected to violence are those surrounding the use and possession of knives and guns. In many cases, it is a criminal offence to harm, threaten, own, make or trade in a range of different kinds of weapons. These include firearms, but also knives, imitation firearms, and a range of other items

Robbery

Robbery is another incredibly serious violent offence that you can be charged with. Unlike theft, robbery consists of stealing from someone by either threatening to use or actually using force against the individual in question. The severity of the crime is such that you can expect to face up to life imprisonment if you’re found guilty.

Threat of harm

It’s important to note that violent crimes aren’t only those that actually result in physical harm to another person. Intent is also an important aspect that will need to be taken into account; intent can be quite easily proven in certain scenarios, however in others, it can become a very complicated process. 

For example, threatening to hit someone with a hammer would likely be considered a violent crime, while accidentally actually hurting someone with a hammer (in a non-negligent manner) would not be considered a criminal offence.

 

Legal defence

If you have been involved in a violent incident that you believe might result in a criminal investigation or charge, then it’s imperative that you seek legal assistance as soon as reasonably possible. These kinds of matters can’t be relied on to just go away on their own – you’ll need to take it seriously, by finding an appropriate criminal defence solicitor and then taking their advice seriously.

It’s generally best to get this process started as early as possible. Being found guilty of a violent crime could result in a very serious custodial sentence, but there’s a lot that you can do to improve your chances. From receiving advice before police interviews under caution to developing a watertight defence plan, the more time you have to do this, the better. 

 

Potential sentences

As mentioned before, violent crime refers to a very broad range of different offences, and as a result, the kind of sentence you can expect to receive will depend on what you’re charged with.

For example, if you’re found guilty of murder, you will face a mandatory minimum sentence of life in prison. If, on the other hand, you’re found guilty of common assault, it’s possible that you won’t receive a custodial sentence at all, instead having to attend a course or carry out some form of community service.

 

Self-defence

As alluded to before, intent has everything to do with whether you will be found guilty of a lot of violent crimes. As a result, the court will need to consider the situation in which the act in question took place, in order to assess its illegality.

In some cases, you may be able to argue that you are not guilty because you acted in self-defence. For example, if you pushed someone over because they were trying to hit you, you would likely be able to argue that you’re not guilty of assault, because you were trying to prevent an offence from being committed against yourself.

 

Proportionality 

An important principle that applies to self-defence arguments is the idea of proportionality. According to this concept, while it might be proportional to push someone away who is trying to hit you, it would not be proportional to stab them with a knife, or to hit them with a car. If you have any doubts as to whether your case could benefit from a self-defence argument, it’s important that you reach out to a criminal defence solicitor for more advice. 

Violent crime defences can require assembling a substantial amount of evidence and nuanced arguments, all of which can take a lot of time. It’s imperative that you bring together an appropriate criminal defence team in good time, so that you have a chance to develop the best possible defence given the circumstances of your alleged criminal act.