Violent Crime Offences
Violent Crime offences is the broad term used to describe the variety of offences related to the use of weapons such as firearms, corrosive substances, and knives. This article outlines some of the charges that it encompasses, the sentences, and the defences that individuals charged with violent crime offences can sometimes rely upon.
Being charged with violent crime offences can be a worrying and demoralising period. The charges and maximum sentences are very harsh as they usually concern very serious crimes against another person. The conclusion of the charges can have significant consequences to your future, your personal and professional life. We understand that it can most often be a very isolating time, family members disappointed about your circumstances and friends concerned about what the outcome will be of your case.
It is very important that you are supported by a specialised solicitor which can advise and support your case at every stage, providing both emotional and professional care, to conclude your case with the best outcome possible.
Atesh Solicitors are specialised in violent crime offences and have years’ worth of expertise ranging from small to serious and complex cases. We are dedicated to support our clients, no matter what your case involves, with no judgement and utmost professional and moral support. Do not lose hope, as the law states, you are innocent till proven guilty.
Guven Ates, the director of Atesh Solicitors, has advised high profile clients charged with very serious offences. CBiz, represented by Guven Atesh and Ali Has, was charged with murder involving a shooting. After a careful, long and hard period of preparation, our client had all his charges dropped and walked out of court as a free man. Our clients matter to us, and the most diligent care is offered by our hard-working, persistent, and committed team.
We have years of specialist experience defending clients charged with a variety of offences related to violent crimes, including:
· Murder
· Manslaughter
· Attempted murder
· Conspiracy to kidnap and cause Grievous Bodily Harm
· Human trafficking
· Kidnap
· False imprisonment
· Blackmail
If you or someone you know has been charged with related offences, or is in custody, call us immediately. What is asked and what is said by you at the early stage of custody can be used against you at later stages during the investigation. It is very important that you get professional legal advice from the very start.
Our solicitors are available to provide free legal advice 24 hours a day to clients held for questioning at any police station. Contact use through…
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Grievous Bodily Harm, or in other words, ‘very serious harm’, refers to conduct that has caused another person serious injury. This can include through means of punching, use of firearms, and chemicals such as acid, with or without a weapon. The harm caused can be things like broken bones, permanent disability, visible disfigurements, as well as psychiatric injury such as post-traumatic stress disorder.
If you or someone you know has been charged with GBH, we strongly advise you to seek legal expertise. Our solicitors can advise you in the investigation and evidence process that is often onerous and complex. Our team is here to defend and support you, both materially and emotionally as this period can be worrying and complex.
GBH is covered by the Offences Against the Person Act, under section 20. GBH should be distinguished from GBH with intent, the section 18 offence. GBH with intent has significantly higher charges and is the most serious offence under the Offences Against the Person Act. More about GBH with intent can be found below.
During the investigation process, a number of things will be taken into account before you are charged.
Firstly, the court will gather evidence to prove that the act was in fact committed by you. Evidence will be used to prove that your conduct directly or indirectly was the cause of the serious harm against the victim: the actus reus, meaning that actual physical elements of the crime. Evidence gather can include CCTV footage, witness statements and phone data. Everything can be used against you in your case.
The next stage will be proving that serious injury has occurred to the victim, usually gathered through medical reports to testify this. If the injury caused is not serious in nature, this offence will be charged under ‘actual bodily harm’, a less serious offence.
The charges of GBH can be very harsh depending on the specific circumstances of each individual case. The minimum sentence will be 26 weeks in custody, and the maximum sentence is five years imprisonment.
There are some defences that you may be able to reply upon to have your charges dropped or your charges reduced. These include:
• Consent to the act by the victim
• Sports related injuries
• Mistake
• If the defendant is mentally incapacitated – Mental Health Act 1983
Contact our specialist criminal solicitors to find out more about the best way to move forward in your case.
We understand that when facing such serious charges, you will want your case to be concluded with the best outcome with solicitors that you can trust. We recommend that you look at the plethora of previous cases led by our specialist criminal solicitors to help you make the best decision for your future.
Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.
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Grievous Bodily Harm with intent is more serious that without intent. You can be facing with charges related to GBH with intent if the jury believes that the serious injury caused, including the severity of the injury, was intentional.
This may sound confusing. However, this scenario may clear things up. Say for example a group of friends are drinking at a pub. Someone barges in to one of the friends and the two begin to have a verbal argument. It gradually becomes more and more tense, and the friend takes his drink and throws it at the other person.
Imagine that the individual suffers serious injury to his head due to an underlying condition not known to the friend and is hospitalised to urgent care. He then takes legal action against the friend.
• Situation 1: The friend will be charged with GBH section 18, without intent, as he only intended to throw his drink to cause small bruising to the person.
• Situation 2: If, however, the friend happened to have known the person and knew of his underlying condition, a sensitive skull (eggshell skull) and intended to throw his drink knowing that he will most likely be hospitalised and suffer serious injury to his head. In this case, the friend will be charged with GBH with intent.
The mental aspect is important when being charged with GBH with intent. The jury will have to prove that there was specific intent to cause the injury suffered, alongside evidence that the action was in fact committed by the person being charged, that the nature of injury was serious, and that the conduct was the cause of the injury suffered.
The use of a weapon, such as a knife, will usually be indicative of intent.
Racially charged acts of GBH with intent will have higher sentences, covered in the Crime and Disorder Act.
The defences available for GBH with intent is limited. The only defence available is if the act was committed due to self-defence. The maximum sentence an individual charged with GBH with intent is a life sentence of imprisonment. Depending on the severity of the injury suffered, the lowest starting point will be 3 years imprisonment, and higher charges will begin from 12 years imprisonment. The sentence will also depend on a consideration and balance of several other factors.
Our specialist team of skilled and empathetic criminal solicitors are here to provide you with qualified legal advice to guide you about the necessary steps to move forward in this difficult stage. We promise to ensure your rights are protected throughout your investigation and trial, providing expert legal advice and representation in court.
Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.
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Human trafficking is an extremely complex area of law. Being accused and investigated for human trafficking charges are serious and navigating the law without professional advice can be complex and onerous. We understand that you can be anxious and worried about your charges.
At Atesh solicitors, we aspire for the best possible outcomes for those facing charges of human trafficking. Our solicitors are available for legal advice 24 hours a day. Contact us immediately on our phone lines or through the contact us link on our website.
Guven Ates has advised a client on the biggest case in Europe related to human trafficking. R v WN – Birmingham Crown Court involved a Conspiracy to Traffic Persons to Exploit. More about the case?
With the increase in measures taken against immigration to the UK due to the hostile environment policy, you could be falsely accused of human trafficking. This can be a confusing and worrying time for you. Our team of criminal law solicitors can guide you and support you during your investigation and trial with our expertise and honest, professional advice.
Human trafficking is governed by the Modern Slavery Act and involves conduct related to arranging or facilitating a person travelling with the intention to exploit the person. The prosecution must prove intent that the person travelling will be subject to, or is reasonably expected to know, that they will be exploited.
Things to note when being accused of related charges are:
• The consent of the person travelling is irrelevant
• You can be charged if you intend to exploit the person either before or after travel
• Or you know or it can be reasonably assumed to know that the person travelling can be exploited during or after the travel
• If you are a UK national, the arranging or facilitating of the travel can take place in the UK or abroad
• If you are a non-UK national, you can be charged if at any point the travel took place in the UK, whether as a transit country or as a final destination
Exploitation encompasses:
• Slavery, meaning very heavy labour without proper pay that is forced
• Servitude, meaning a person being a slave or subject to someone more powerful
• Where the person accused knows or can be reasonably expected to know that the person travelling will be subject to forced labour
Examples of exploitation under the Modern Slavery Act is:
• Forced labour
• Sexual exploitation
• Removal of organs
• Securing services by force, threats or deception
The charges can be very severe, with a maximum prison sentence of life imprisonment or unlimited fines. The severity of the sentence will vary from each case, and less severe sentence, such as12 months’ imprisonment, is possible. If you are accused of human trafficking, contact Atesh solicitors for professional legal advice to assist you through this onerous period.
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Armed robbery is a very serious offence in the UK, with a possible sentencing of life imprisonment. If you are being investigated for armed robbery, our criminal law solicitors are here to assist you with our expertise. It is essential that you have the right legal representation, as the law is complex and can be confusing to navigate during this stressful period. With the right legal representation, it is possible to get your charges dropped. Our team at Atesh solicitors can support you from the start of your investigation, from the moment your investigation begins.
Armed robbery is covered in the Serious Crime Act, defined as conduct relating to the use of firearms or weapons with the intent to rob. Robbery defines conduct that is intended to steal using force or threat.
If you are investigated for armed robbery, the prosecution will proceed with gathering evidence to prove that there was the use of force when trying to steal. It is likely that you will also be charged with a number of different offences, including but not limited to:
• Possession of firearm
• Possession of offensive weapon
• GBH and wounding
The sentences are severe. Taking part in an armed robbery normally has a sentence of 15 years imprisonment. If you are being investigated for armed robbery and have previous convictions, then you could face a sentence of 25 years imprisonment, and a maximum sentence of life imprisonment. The severity of the sentencing will be judged on a three-tier scale:
• 1. Robbery using minimal force
• 2. Robbery using a weapon
• 3. Robbery using a weapon with considerable force which causes injury
Various other factors will be considered when the court decides the sentence. It is important that you get legal advice to ensure you receive the best professional guidance and get the best possible outcome.
Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.
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If you are under investigation for conspiracy to commit robbery, we understand that you can be anxious, as navigating serious legal charges is very normally very daunting and confusing. This is why we urge you to seek advice from Atesh solicitors and speak to our empathetic, dedicated team of criminal law solicitors to help defend your rights and get the best outcome possible for you case.
Conspiracy to commit robbery involves the agreement between two or more people to plan a robbery. Even a small contribution in the planning of the robbery, such as driving the to be offenders to the location where the robbery is intended to take place, can amount in conspiracy to commit robbery charges.
To be charged of conspiracy to commit robbery, the prosecution must show there was:
• An agreement between two or more persons
• The conduct planned was criminal activity – in this case, a robbery
• The parties in the agreement intended and had knowledge to carry out the robbery
• That at least two parties in the agreement intended elements of the criminal activity to be present at the time the offence was planned
The prosecution will gather evidence against the persons charged, accessing date from:
• Smartphones
• Forensic evidence
• ANPR (Automatic Number Plate Recognition)
Unlike theft, where the use of force is not used, robbery is a more serious crime as force or threat is used applied when stealing. Therefore, conspiracy to commit robbery is taken more seriously, with the maximum sentence of life imprisonment.
If you are accused of a conspiracy to commit robbery, it is important that you have a strong defence to get the best possible outcome for you case. Atesh solicitors is dedicated to ensuring all the necessary steps are taken to prepare your arguments and support you emotionally throughout your investigation. Our criminal law solicitors are empathetic and understand that this is a worrisome period. We promise to provide you with professional and empathetic support.
Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.
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If you have been accused of kidnapping, Atesh solicitors can provide you with professional legal advice to help you fight against these charges.
We have previously handled cased involving charged of kidnapping and false imprisonment which you can find here: R v ET – Central Criminal Court – Kidnap, False Imprison & Blackmail – outcome?
Kidnapping has serious sentences and will most certainly affect your course of life if you are under investigation. To ensure that you get the best possible outcome for your case, we urge you to seek professional legal advice from our criminal law solicitors. Our team of empathetic solicitors are committed to providing you with honest, diligent, and expert advice to prepare a strong defence and get the best possible outcome.
Kidnapping has four elements to it. The prosecution must prove all the things listed below where present in order to be charged with this offence:
• One person taking another person away
• Using force or deception
• Without the consent of the other
• Where there is no lawful defence
Lawful defence refers to defences that you may sometimes be able to rely on which can include:
• Statutory powers: police powers, prison officers, repatriation, mental health staff, mental health capacity Act 2005
• Parental authority
• Mistake
• Consent
If you or someone you know has been charged with the offence of kidnapping, contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.
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Conspiracy to commit robbery involves the existence of an agreement between two or more persons to commit the act of kidnapping. With conspiracy offences, evidence of planning the conduct of kidnapping is sufficient to be charged.
If you are under investigation for conspiracy to kidnap, we understand that you can be anxious, as navigating serious legal charges is very normally very daunting and confusing. This is why we urge you to seek advice from Atesh solicitors and speak to our empathetic, dedicated team of criminal law solicitors to help defend your rights and get the best outcome possible for you case.
Conspiracy to kidnap is a serious offence, with a maximum
To be charged of conspiracy to kidnap, the prosecution must show there was:
• An agreement between two or more persons
• The conduct planned was criminal activity – in this case, kidnapping
• The parties in the agreement intended and had knowledge to carry out the kidnapping
• That at least two parties in the agreement intended elements of the criminal activity to be present at the time the offence was planned
If you are facing charges of conspiracy to kidnap, depending on the facts of your specific case, you could be sentenced to life imprisonment. Some of these factors that can reduce your sentence include:
• The vulnerability and age of the victim
• The form and degree of violence used
• Any previous convictions
• If payment was requested
• Whether the defendant pleaded guilty and at what stage this guilty plea was given
If you are facing charges related to conspiracy to kidnap, contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.
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Conspiracy to commit perjury is covered by the Perjury Act 1911.
If you are being investigated for conspiring to commit perjury, we understand that you can be stressful and anxious. At Atesh solicitors, our team of criminal law solicitors are prided in giving honest, expert professional legal advice, providing you with legal advice as well as emotional support throughout this onerous period.
The offence describes an agreement between two or more person’s to intentionally swear to tell the truth with knowledge that it is false or falsifying a true affirmation.
Like all conspiracy offences, the prosecution must only prove an intention, the act ever actually happening is not relevant.
The elements that the prosecution most prove include:
• An agreement between two or more persons
• The conduct planned was criminal activity – in this case, perjury
• The parties in the agreement intended and had knowledge to carry out the kidnapping
• That at least two parties in the agreement intended elements of the criminal activity to be present at the time the offence was planned
Perjury is a serious offence as it can be used to divert the course of justice, such as giving a false witness in court. Each sentence is specific to the individual facts of the case; however, the maximum sentence is 7 years imprisonment, a fine, or both.
If you or someone you know is being accused of conspiring to commit perjury, contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.
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If you or some you know is being accused of blackmail, we understand that this can be a very stressful time. The law can be hard to understand and navigate and with the added stress of possible charges, we urge that you seek professional legal advice to get the best outcome for your case.
Covered under the Theft Act, it is defined in section 21 as conduct, “With a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose, a demand with menaces is unwarranted”. Put simply elements of blackmail include:
• A demand being made
• With menaces
• Where the demand is unwarranted
• And the defendant had the view to make a gain for themselves or had the intention to cause loss to another
The maximum sentence for blackmail is 14 years imprisonment. For this reason, if you or someone you know is being investigated for blackmail, we strongly advise you to seek professional legal advice to ensure your rights are defended and you case is handled in the best possible way. Our team of criminal law solicitors are dedicated to providing you with tailored legal support, both emotionally and professionally, throughout this onerous period.
Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.
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False imprisonment is distinguished from kidnapping. False imprisonment is the act of unlawfully detaining a victim, whereas kidnapping involves the taking away of a person. False imprisonment is committed in the absence of lawful justification, for any length of time.
To be charged with false imprisonment, the conduct must involve a complete restraint, meaning that obstructing a person to remain in an area would not amount to the offence.
Typical cases of false imprisonment can include claimants objecting the lawful justification that was relied upon in the first place. For example, if a police officer arrests an individual and imprisons you but has no arrest warrant, this will amount to false imprisonment.
It can also include objecting to lawful justifications such as:
• Unlawful stop and search
• The police confining a person for questioning where there is an absence of a warrant
• Police officers making you believe that you are not free to leave where in fact the individual is not under arrest
If you believe you have been subject to unlawful stop and search by police officers and restrained or confined to a space where the police officers did not have a search warrant, you could file charges for false imprisonment.
At Atesh solicitors, we are committed to delivering you expert criminal law advice in order to defend your rights.
Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.
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Perverting the course of justice refers to conduct that diverts the course of justice. You can be charged with this offence even it was attempted, and you did not actually divert the course of justice.
The elements of the offence are where a person:
• Does an act
• which has or can have the potential to distort; and
• which is or are intended to distort,
• The path of public justice
For example, if a person is being charged with offences of possession of firearms and during the course of investigation speaks to one of the witnesses that are testifying against them with the intention to scare the witness in order to strengthen his case and distort his investigation, this will be considered as perverting the course of justice.
Also, in the same situation, the defendant is seen to be around the vicinity of the witnesses’ home with the intention to scare the witness, even if the defendant was unable to speak to or whether the witness did see the defendant, is irrelevant. The attempt and intention are sufficient to be charged with this offence.
The charges for perverting the course of justice can range from community service to 7 years imprisonment. This will depend on a variety of factors which will be specific to each case.
If you are being charged with the offence of perverting the course of justice, we advise you to seek specialist legal advice. Our team at Atesh solicitors have a plethora of experience dealing with clients being charged with this offence and we are committed to support you with a legal expertise as well as emotional support in this challenging time.
Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.
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Covered by the Public Order Act, Affray is defined as
• conduct that uses or threatens to use unlawful violence to another person, where the nature of the conduct would cause an ordinary person present at the scene to fear their personal safety.
• The conduct could be carried out in a public or a private space.
• The use of words alone would not fall under this offence. For example, stating ‘I will punch you’ would not be conduct considered as affray.
• A person need not to be present at the time of the scene
For example, participating in a violent demonstration in public will be considered as an offence of affray.
If you are charged with affray liable on conviction on indictment, the charges are a maximum imprisonment of 3 years, a fine, or both. If you are charged with summary on conviction, the charges are a maximum imprisonment of 6 months, or a fine, or both.
If you or someone you know is charged with affray, we urge you to seek professional legal advice. Our specialist criminal law solicitors are here to support you throughout your investigation to ensure you get the best outcome for you case.
Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.
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A person can be charged with the offence of possession of a bladed article if they carry an article defined below.
The article can be:
• anything with a blade or a sharp end
A foldable pocketknife is excluded in this definition unless the blade of the knife is over 3 inches (7.62cm).
The charges include a maximum sentence of 4 years imprisonment, but less severe cases can range from 2 years and 6 months custody.
If you or someone you know is charged with possession of a bladed article, we urge you to seek professional legal advice. Our specialist criminal law solicitors are here to support you throughout your investigation to ensure you get the best outcome for you case.
Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.
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Possession of an offensive weapon is a serious crime. The charges include a maximum sentence of 4 years imprisonment, but less severe cases can range from 2 years and 6 months custody. If you or someone you know has been charged with passion of an offensive weapon, Atesh solicitors can provide you with professional legal advice to help you fight against these charges. We are client orientated, non-judgmental and honest with our legal advice, and pride ourselves in the years of experience gained.
Our expertise of possession of weapons include:
• Possession of a Firearm with Intent & Conspiracy to Supply Class A Drugs
• Possession of Firearms & Conspiracy to Cause GBH
• Possession of a Firearm with Intent
• Possession of a Firearm
Specialist legal advice from expert solicitors can significantly impact your charges. We have detailed understanding of the law, making sure that every aspect of your case is considered when drafting your defence. With our diligent and ambitious solicitors, our previous success of our clients and empathetic and honest advice, we can make the difference to your case.
The conclusion of the charges can have significant consequences to your future, your personal and professional life. We understand that it can most often be a very isolating time, family members disappointed about your circumstances and friends concerned about what the outcome will be of your case.
Possession of an offensive weapon is covered by the Prevention of Crime Act which defines the offence as having am offensive weapon in public.
An offensive weapon is defined under three categories:
• A weapon made to cause another person injury. For example, butterfly knives, a push dagger, flick-knives
• A weapon not devised to cause another person injury but is adapted to cause another person injury. For example, objects with a razor blade inserted onto a stick
• A weapon that is not made, or adapted, or devised to injure, but it used with the intention to injure another person. For example, a Stanley knife. Intent must be inferred from the actions of the defendant and the context of the situation. For example, someone could be carrying a pocketknife with the intention of self-defence. The jury can infer that the individual will use it to injure someone if there is a situation that requires self-defence.
Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.
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If you or some you know is being accused of handling stolen goods, we understand that this can be a very stressful time. The law can be hard to understand and navigate and with the added stress of possible charges, we urge that you seek professional legal advice to get the best outcome for your case.
Our specialist criminal law solicitors have years of expertise defending clients charged with violent crime offences and provide high-quality legal advice to ensure you receive the best outcome for your charges.
Covered by the Theft Act, a person can be charged with handling stolen goods if they dishonestly acquire goods through blackmail, deception, theft including all types of property and money, other than land.
Handling includes:
• Receiving;
• Obtaining;
• Removing; and
• Disposing of stolen goods
If you are under investigation for handling stolen goods, the court will proceed to gather evidence to prove that:
• The goods in question were stolen,
• At the time the handling of the goods happened
• The person had knowledge or believed the goods to be stolen – the element of dishonestly is important
The court must prove strong evidence that the person had knowledge or believed the goods to be stolen at the time of handling, a simple suspicion will not be enough to charge someone.
The charges for handling stolen goods can be severe - a maximum prison sentence for 14 years. With the right professional assistance and a strong defence, this charge can be reduced significantly.
If you or someone you know is charged with possession of a bladed article, we urge you to seek professional legal advice. Our specialist criminal law solicitors are here to support you throughout your investigation.
Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.
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Conspiracy to handle stolen goods refers to an agreement between two or more person’s planning to handle stolen goods where the handling of the goods actually taking place is not relevant.
If you are under investigation for conspiracy to handle stolen goods, we understand that you can be anxious, as navigating serious legal charges is very daunting and confusing. For this reason, we urge you to seek advice from Atesh solicitors and speak to our empathetic, dedicated team of criminal law solicitors to help defend your rights and get the best outcome possible for you case.
With conspiracy offences, the prosecution need only to prove that two or more persons agreed to commit the offence, meaning you can be convicted of the crime even if the crime did not take place.
An example of conspiracy to handle stolen goods are:
• Three people agreeing on a date to assist the handling of stolen clothes to pass over to a third party
The prosecution will try to convince the jury that beyond reasonable doubt the offence occurred. Meaning, based on the evidence presented at trial, there is no other explanation than concluding that there was a conspiracy to handle stolen goods.
The sentence received will depend on the level of culpability and balance several other factors. The sentences can vary from community service to several years’ imprisonment.
The law around conspiracy to handle stolen goods can be very confusing and hard to navigate. A lot of evidence will be gathered by the prosecution to be used against you. Having a competent solicitor to guide you through the legal procedures can make a significant difference to your charges and sentencing.
Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.