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Assault Attorneys In Randburg
What is Assault according to South African Law?
Section 20 of the Criminal Law Consolidation Act 1935 (SA) outlines the offence of Assault.
Assault occurs if there is any intentional and unwanted physical force used against a victim [s 20(1)(a)]. For example, punching, hitting or kicking a person. The force used can be direct or indirect. For example, if because of an assault, a person drops a child they were carrying, that is also an assault on the child – even though the child was not directly assaulted.
Assault also occurs if there is any intentional and unwanted direct or indirect contact with another person, however slight the contact may be, if the person committing the assault knew that the victim might reasonably object to the contact [s 20(1)(b)]. Fo example, it could be throwing a newspaper at someone, knowing the person might object to that.
Assault can occur even without physical contact. If a threat is made to apply force and the victim reasonably believes that the person can carry out the threat or there is a real possibility that they will [s 20(1)(c)]. For example, if a person points a gun at someone or produces a knife.
An assault can also occur when a person accosts (approaches and confronts aggressively) or impedes (blocks the way of) another in a threatening manner [s 20(1)(e)].
What to do if you have been charged with Assault?
If you have been charged with assault in South Africa, it is important to understand your rights and the potential consequences of your actions. Depending on the severity of the offence, a conviction could lead to a prison sentence and/or hefty fines. It is therefore important that you seek legal advice as soon as possible in order to ensure that you receive the best possible outcome.