Criminal Assault and Intimidation
When play fighting is no longer fun and harmless, there will be legal repercussions. However, it may not always be clear when and where the charges of assault and use of criminal force will apply, especially in situations of self-defence. Where exactly is the line drawn?
Here is what you need to know about the crimes of assault and use of criminal force.
What is Considered Criminal Force?
Under section 350 of the Penal Code (Cap 224), criminal force is said to be used when one person intentionally uses force against another person without the person’s consent, in order to commit any offence, or intending by the use of such illegal force to cause injury, fear or annoyance to the other person.
What needs to be Proven for a Charge of Use of Criminal Force?
There are physical and fault elements that need to be proven.
There must have been the use of force against another person without his or her consent.
Firstly, there must have been intention to apply force against another person. Mere knowledge that force would have been likely to result from the accused’s preceding action is not sufficient.
Secondly, there must have been an ulterior purpose to the application of force against another person. The accused must have intended to, or known that he or she would, illegally cause injury, fear or annoyance through the application of force.
What is Considered Assault?
Under section 351 of the Penal Code, the charge of assault covers any act or preparation to act which is intended or known to be likely to cause any person present at the time to expect criminal force to be used against another person.
What needs to be Proven for a Charge of Assault?
There are physical and fault elements that need to be proven for a charge of assault.
The accused must have acted or prepared to act; verbal threats are not sufficient.
The accused must have intended to cause other people present to anticipate that criminal force was going to be used against any person present at the time.
Otherwise, the accused must have known that it was likely that his or her actions would cause those present to anticipate that criminal force was going to be used against any person present at the time.
What are the Punishments for Use of Criminal Force and Assault?
In general, there is the punishment of imprisonment for up to three (3) months, or a S$1,500.00 fine, or both.
The punishments for more specific crimes related to assault or the use of criminal force are as follows:
Assault or Criminal Force to Deter a Public Servant from Discharge of his Duty
Imprisonment for up to four (4) years, or a fine, or both
Assault or Criminal Force with the Intent to Outrage Modesty
Imprisonment for up to two (2) years, or a fine, or caning, or any combination of the above
If the victim is under 14 years of age, the maximum term of imprisonment can be increased to five (5) years
Assault or Criminal Force with the Intent to Dishonour a Person
Imprisonment for up to two (2) years, or a fine, or both
Assault or Criminal Force in Committing/Attempting to Commit Theft
Imprisonment for at least twelve (12) months and at most seven (7) years, and caning
Assault or Criminal Force in Attempting to Wrongfully Confine a Person
Imprisonment for up to twelve (12) months, or S$3,000.00 fine, or both
Assaulting or Using Criminal Force on Grave or Sudden Provocation
Imprisonment for up to one (1) month, or S$1,000.00 fine, or both
How We Can Help
It may have been a decision you regret or a choice you were driven into by desperation. No matter the situation, the law can come down hard on you for your crimes, which will disrupt the lives of you and your loved ones.
At Prestige Legal , we believe you deserve a second chance and will do our best to ensure you get it. You can rely on our expertise and mastery of Singapore law as we represent you and get your story understood in Court, all at an affordable price.
Contact us today to find out more on how we can assist you.