Actual Bodily Harm, or ABH for short, is a serious offence to find yourself accused of. As a first-time offender, you’ll likely be even more stressed and confused about what might happen next than someone who has navigated the criminal justice system before.
It’s important that you understand at least broadly what’s in store, in terms of how the investigation will play out, and what kind of sentence you might be facing in the event of a guilty verdict.
In short
Exactly what you should expect, in everything from the investigation to sentencing (should you be found guilty), will differ substantially from case to case.
During the investigation, the police will gather a range of evidence that will be used should the case go to trial. This might include statements from witnesses, the victim(s) and the offender, along with things like CCTV feed.
While the maximum sentence for this offence is 5 years in prison, there is a strong possibility that a first-time offender would face a fine or community service order rather than a custodial sentence.
It’s of critical importance that you get access to an experienced criminal defence solicitor as soon as reasonably possible to ensure you achieve the best possible outcome.
ABH legal definition
Assault occasioning bodily harm (or ABH) is legally defined under Section 47 of the Offences against the Person Act 1861. According to the act, someone is guilty of ABH if they assault someone in a way that results in physical harm, but not so great a harm that it could be classified as grievous bodily harm (or GBH).
The kinds of harm that might be suffered vary substantially under this offence. It could be anything from a minor injury, such as a scratch or bruise, all the way to more serious injuries, such as broken noses or small bone fractures.
Importantly, it does not matter whether the offender intended to cause bodily harm to the victim or not. It is sufficient if there is even a reckless possibility that the offender’s actions might result in bodily harm.
Where will the case be tried?
ABH is a triable either way offence. What this means in practice is that it can be dealt with in either a Magistrates’ Court or the Crown Court.
Most first-time cases of ABH, which don’t involve serious harm or other aggravating features, will likely stay in the Magistrates’ court, which can hand out sentences of 6-12 months.
If the case involved more serious injuries, a weapon, or other aggravating factors that could push the sentence length up, then it would likely be pushed up to the Crown Court.
Similar offences
It’s important to note that cases involving ABH will be closely related to two other offences – common assault and assault occasioning grievous bodily harm (GBH).
Common assault & battery
Common assault and battery are slightly less serious than ABH. They will typically involve some kind of threat of violence or actual contact that makes someone fear or apprehend immediate unlawful violence.
This could include words and gestures, or in the case of battery, physical contact. Unlike with ABH, the physical and psychological consequences of common assault or battery will not be serious.
Assault occasioning grievous bodily harm
GBH is an even more serious version of ABH. These kinds of cases will often involve serious harm, including serious broken bones, deep cuts, severe disfigurement or a permanent loss of senses.
Psychiatric harm could also apply, including instances of severe mental health conditions such as clinical depression. Those found guilty of GBH can face sentences of up to life imprisonment, making it even more critical that you take your defence seriously in these situations.
What to expect from the investigation
Before you are charged with an offence, the police will carry out an investigation to decide which offence to charge you with, and assess whether there is sufficient evidence for the Crown Prosecution Service (CPS) to secure a prosecution.
The investigation will likely include your needing to attend an interview, potentially at the police station. As you will be formally warned, anything that you say during this interview can be used against you in a court of law.
You have a right to legal advice before and during these interviews, to make sure that you don’t accidentally incriminate yourself. It’s vital that you access this legal support as soon as possible, so that you are fully prepared for each stage.
What to expect from sentencing
If you are found guilty of ABH, you will then need to be sentenced. The sentence you face will largely be determined by two things that are outlined in the sentencing guidelines: the amount of harm caused to the victim, and the level of culpability displayed by the offender.
Harm
Harm is split into 3 categories for these offences.
- Category 1 offences will involve more serious physical or psychological injuries, while remaining below the threshold of GBH.
- Category 2 offences lie between categories 1 and 3.
- Category 3 offences will involve some level of physical or psychological harm that is more than trifling, but has a limited impact on the victim.
Culpability
Culpability is also split up into 3 different brackets.
- A – High culpability offences will include significant planning and premeditation, the use of a highly dangerous weapon, a prolonged assault, or a victim who was obviously vulnerable due to either age or other circumstances.
- B – Medium culpability offences will involve the use of a weapon that does not fall into category A, along with a range of other factors that fall somewhere between categories A and C.
- C – Lesser culpability offences will not involve a weapon, may be considered excessive self-defence, and will have been impulsive and short-lived in nature.
Cases involving both high levels of harm and culpability will likely result in a custodial sentence. However, those involving low to medium harm and culpability will likely result in a fine and a community service order.
The sooner you can get access to legal support, the sooner you can gain a deeper understanding of your specific legal situation and get to work on a defence strategy, if necessary.
Call our team now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour) for assistance. You can also contact our team at Ashcott Solicitors via our contact form. We will respond to you as soon as possible.
