Common Assault - Assault is defined as intentionally or recklessly injuring a person and is charged as simple assault, ABH or GBH depending on the severity. This will depend on a number of specific factors, such as motivational factors and the level of injury - a typical assault usually causes minor injury or discomfort, while GBH can seriously damage long-term health. The maximum sentence for ABH is three years in prison, while the maximum sentence for GBH can be life imprisonment.
Assault is a complex area of law. Nick Titchener, solicitor at Lawtons, breaks down the categories of offenses they can fall into. Every assault case is different and the outcome depends on a number of factors, including:
Common Assault
The police and prosecutors must interpret the details and first assess the seriousness of the case and the type of assault that may have taken place. The degree of harm caused is the main difference in determining the level of the offense that can be charged.
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Intentionally or recklessly injuring another person is the general definition of assault in the UK. Assaults are commonly referred to as crimes against the person. Harm includes both physical and psychological harm, including fear for a person's safety.
Different types of assault - such as GBH, ABH, common assault or assault - are associated with different severity, with different levels of injury inflicted.
Causing serious injury to another person is the most serious form of assault. The offense of GBH can be committed in two ways:
GBH, whether in breach of s.18 or s.20 OAPA, is the most serious because in most cases the victim of GBH is left with serious, sometimes life-changing, injuries. They can also leave permanent scarring or scarring.
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If the violence is committed with a weapon or the equivalent of a weapon, then the act is likely to be classed as causing grievous bodily harm with intent (section 18).
Equivalent weapons are items, articles or body parts that are not weapons in themselves but can become weapons when used intentionally, such as:
It is possible to commit GBH with a single punch or kick, but if it continues, scares or prolongs the event, the consequences are likely to be intended.
The use of a firearm can also change the dynamics of a case. For example, if the defendant punches the victim once in the face, resulting in a broken eye, the serious injury may be considered not intentional. On the other hand, if knee powder is used, breaking the eyeball is more likely to be considered intentional.
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GBH convictions are generally the most severe of all assault charges. In the most extreme form of attack, the result shows this. Depending on the facts of the case and the extent of the damage caused, the starting point of the sentence is between 3 years and 16 years in prison.
Whether the GBH offense was committed recklessly or deliberately is the main factor for the court to determine the appropriate sentencing range.
Among other factors such as the extent of the injury, the court will consider several options and determine whether a non-custodial rehabilitation alternative is a suitable alternative to a period of intensive treatment.
If the facts of the case show a lesser crime, such as the use of a single hit, then the result can be as low as the social order.
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Where the injuries are caused by assault but do not cause serious injury, this may be the offense of assault causing actual bodily harm (ABH). Determining whether an injury is considered serious is often a matter of subjective judgment. This will usually be at the discretion of the prosecutors or police investigating officer, although legal procedures and tests form the basis of this assessment.
Injuries that interfere with the health or personal comfort of the complainant may constitute "actual" harm by assault. Actual injury refers to the visible consequences caused by the assault, meaning that the physical and mental injuries need only be injurious to health, but must be proven.
One example of significant harm was presented in a case where a person was accused of cutting the complainant's hair, which had a particularly negative impact on the person's comfort and confidence.
If the defendant pleads guilty or is found guilty through a trial, prosecutors can issue multiple sentences.
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ABH cases can be dealt with in magistrates' courts or crown courts as a 'one-way' offence. Where the case is heard will depend on the severity and the consequences can range from community orders (if the person is found to be low risk) to 3 years imprisonment in the most serious cases heard by the Crown Court.
A common assault or battery usually involves illegally touching someone (where they are not allowed to 'quietly' ie if they are mugged during a game) but need not involve injury.
By law, common assault or battery occurs when there is more than a temporary or minor relationship. It is not necessary for the police or prosecution to prove the injury. Usually - with some exceptions - the prosecution will choose not to prosecute if there is no injury at all, as it is not in the interests of justice.
Generally, most simple assaults that cause minor injury or extreme discomfort or pain will be charged as simple assault.
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Simple assault is the only "serious" offense under the summary procedure only, meaning it can only be tried in a magistrates' court, unlike ABH offences, which are tried in a magistrates' court or high court.
When ABH is dealt with in the magistrates' court, it will often be tried in the same way as ordinary assault, with the main factor in assessment being the circumstances, together with aggravating and mitigating factors. The maximum sentence for simple assault is 6 months in prison, with the minimum sentence being a nominal fine. This is usually about 50% of a person's weekly income.
If the police have arrested you for assault, your first step should be to seek an experienced attorney, as the police begin charging you from the moment they arrest you. The Lawtons team is available to represent individual defendants 24 hours a day to protect your rights and help you achieve a favorable outcome. We have a team of specialist solicitors in London, Hertfordshire, Bedfordshire and Essex.
Note: This guide is intended to provide general information only and is not intended to be used as a basis for advice and should not be relied upon as providing advice specific to any particular case or person.
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Lawtons accepts no responsibility for anyone using this guide. If you require specific advice relating to a particular case or situation, please contact us so that we can provide you with specific legal advice and assistance.
Nick Titchener of London-based solicitors Lawtons has many years of experience in a wide range of serious legal cases, including sexual offences, violence and assault. Thanks to his measured style and attitude, Nick manages to improve even in difficult situations.
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The severity of GBH sentences depends on whether the assault is deliberate or reckless. The maximum sentence for intentional GBH is life imprisonment.
A punch to the face is usually only charged with GBH. Check out the graphs above to see where this ranks on the severity scale for all types of assault crimes.
Depending on the severity of the attack and the type of weapon used, assault with a firearm is usually classified as intentional and GBH, the most serious level of assault. This includes using the equivalent of a weapon - an item, object or body part that is not a weapon in itself but can become a weapon when used intentionally.
There is no single definition of aggravated assault, as there are a number of different factors that can cause an assault to be considered "aggravated." However, it is argued that racially motivated attacks are some of the most serious - an act of racist GBH abuse will warrant the highest possible sentence.
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Battery is a form of assault. Of the various types, they are generally considered the least serious and the offenses receive the lowest possible sentences. The most serious type of attack is the standard attack, ABH
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