Summary
Our client was charged with two counts of assault occasioning actual bodily harm (ABH). Solicitor Lauren Gilbert was instructed by our client on a privately funded basis to represent him throughout the case and, thanks to Lauren’s expertise, our client avoided an immediate prison sentence and instead received an eight-week custodial term, suspended for 12 months.
Details of case
In April 2025 our client and his partner had a disagreement in Milton Keynes after both had been drinking, following which the complainants approached them both to check on our client’s partner after witnessing the argument.
It was then that the situation escalated to physical violence, with the complainants claiming our had client punched them, and then kicked both while on the ground, causing facial and rib injuries including severe bruising, swelling and possible hairline fractures.
Our client reached out to us to represent him initially in his police station interview. Solicitor Lauren Gilbert attended with the client and represented him during the interview, following which he was released under investigation.
Our client was later charged with two counts of assault occasioning actual bodily harm (ABH) in August 2026. The prosecution placed the case in the highest sentencing category, relying on the allegation that kicks were delivered while the complainants were on the ground which made the complainants particularly vulnerable.
The prosecution stated that the case was too serious for the Magistrates Court and that the case should be sent to the Crown Court for sentencing, stating a starting point of two and a half years for one assault only.
Our Defence
After being charged our client instructed solicitor Lauren Gilbert on a privately funded basis to represent him throughout the case.
With Lauren’s guidance our client accepted assaulting both complainants, understanding that, despite the complainants becoming involved in the argument and initiating the situation, he went beyond the boundaries of self-defence.
Our client entered an early guilty plea to secure full credit. However, Lauren’s mitigation contended that the offence should be placed in a lower sentencing category due to discrepancies in the complainant’s statement compared to an independent witness, who supported the fact that the complainants had escalated the matter and had in fact assaulted the client first.
Furthermore, in mitigation Lauren highlighted that the pre-sentence report showed that our client demonstrated genuine remorse for his actions.
Outcome
If sentenced in the higher sentencing category, our client could have been facing a maximum sentence of up to five years custody, leaving him understandably distressed.
Our client’s case was heard at Milton Keynes Magistrates Court in October 2026, where he was sentenced to an eight-week custodial term, suspended for 12 months. In addition to 100 hours unpaid work, a probation requirement and monetary compensation to the complainants.
Probation had also recommended a requirement of an Alcohol Abstinence Monitoring Tag, which would prevent our client from consuming any alcohol for 3 months. However, Lauren was able to persuade the Court that this was not a necessary requirement.
The Court noted that this sentence was significantly reduced due to the full account he provided in interview, accepting responsibility for his actions. This highlights how instructing a solicitor from an early stage can significantly affect the outcome of your case.
Thanks to Lauren’s representation our client was sentenced in a lower sentencing category, with the Magistrates agreeing that the case did not have to be sent to the Crown Court for sentence and that an immediate custodial sentence was not necessary, despite the level of injuries caused to the complainants.
This was a brilliant outcome for our client and a testament to Lauren’s skill, highlighting the importance of instructing experts in criminal defence to ensure you are met with the best possible outcome.
Looking for a specialist assault solicitor?
Being charged with any type of criminal offence can be stressful and confusing. It’s not something you have to go through alone. If you or someone you know has been charged with a similar offence, contact our specialist team on 0333 577 0522 or visit our enquiries page.
