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There are various types of assaults which a person can be charged with ranging from simple assaults to assaults causing harm. It is important that someone is familiar with these when contacted by the Gardai in relation to an investigation.

Like in public order cases, it is not uncommon for someone to come before the courts on an assault charge having never been in trouble before. They often occur at flashpoints in busy towns or cities on weekends. The Non Fatal Offences Against the person Act 1997 governs all assaults. There are 3 main types of assaults;

  • Section 2 – assault. This offences includes the very definition of an assault. It is a summary only offence which means that it will always stay in the District Court.
  • Section 3 – assault causing harm. It contains the elements of a section 2 but harm has to occur such as a cut or black eye.
  • Section 4 – assault causing harm. Similar to the other two but the harm must be serious. For example, this can relate to a stabbing or an assault where a brain injury may occur.

It is important for someone to know that physical touch does not have to occur in order for someone to be investigated, charged or convicted of an assault. We deal with all cases in relation to assault and provide a 24 hour call out service to anyone who finds themselves accused of one.

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Paddy McGarry, Principal, Mc Garry Law

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