Assault Solicitors

Assault is a form of crime against the person, typically involving physical violence and resulting in injury of one form or another to the victim. The more serious the injury, and the more premeditated the attack, the greater the likely sentence. Incidents that endanger the health and wellbeing of others, such as public affray and rioting, may also be considered forms of assault charge and these will usually carry even more severe penalties.

Grievous Bodily Harm, which is more commonly referred to as GBH but properly known as a section 18 assault, not only requires that considerable injury was caused to the victim, but the prosecution must also be able to prove that the defendant set out with the intention of causing that harm. The most common defence for this type of assault is that of self-defence, which would imply that the defendant did not plan to instigate an attack.

Wounding with intent is the name given to section 20 assault charges. This type of assault has a much lower maximum penalty than a section 18 GBH charge. Where there was no intent to cause serious injury, but injury did occur as the result of an attack, it is possible that the CPS will bring a section 20 charge against the defendant instead. Although the sentence is likely to be less than a GBH sentence, custodial sentences are still possible.

The least serious of the three main forms of assault is considered to be a section 47 assault, or Actual Bodily Harm (ABH). ABH means that harm was committed and injuries suffered, but usually means that the defendant did not intent to attack the victim. A prison sentence is possible, but this type of case is more often dealt with using a community sentence, a financial penalty, or a combination of the two.

Crimes against the person, or assault charges, can carry hefty penalties, and as well as the extent of the injuries caused, one of the most important factors is determining and proving whether the defendant set out with the intention of causing harm. Whether you are charged with GBH or ABH, and whether you intend to plead guilty or not-guilty, contact Ashcott Solicitors to discuss your case and to determine the most likely outcome.

Assault – Questions We’re Often Asked 

What constitutes assault? 

Common assault comes under section 39 of the Criminal Justice Act 1998. It includes any act or clearly provable intention to act (importantly not just a failure to act) which results in the intentional or reckless sufferance of unlawful violence. Whether someone is convicted of assault or not depends more on whether intention or recklessness is present, not on the significance of the force of the action.

Assault is distinct from battery, in that assault can include an intended act that did not result in bodily harm (such as a thrown punch that does not connect). In one case, the appellant was convicted of assault for spitting towards but not actually hitting the claimant, a conviction that was upheld by the appeal court, which considered that spitting is assault even if it only causes fear of immediate unlawful physical contact.

Classifications of assault

There are various different categories of assault, depending on the circumstances and how severe the physical implications of the act of violence are. Two common kinds of assault are the following, although it should be noted that this list is by no means exhaustive:

Actual Bodily Harm (ABH)

Assault occasioning ABH occurs where the assault causes significant bodily harm. The harm to the body does not need to be permanent, but it must include interference with the health or comfort of the victim which is more than transient and trifling. Just what constitutes ABH is somewhat contentious; in DPP v Smith [2006] EWHC 94, it was determined that the cutting of a ponytail with scissors constituted ABH, despite the absence of harm in the sense of a physically painful injury.

Grievous Bodily Harm (GBH)

Grievous bodily harm is similarly ambiguous, but includes harm of more seriousness than ABH. How an individual is prosecuted depends on the exact circumstances of the act; for example, if a healthy, grown adult were to sustain a similar injury to a child or elderly person it’s possible that it would be ABH in the case of the former and GBH in the case of the latter. That the exact circumstances of the act are properly considered in the case is paramount, something that can be greatly assisted with the assistance of a competent lawyer.

What should you do if you’ve been charged with assault?

As the range in sentences when it comes to different types of assault varies so significantly, it’s important that the exact details of the case are understood by the court. Whether an assault is considered GBH or common assault could have serious ramifications on the sentencing of an appellant, so it’s incredibly important that the defence is properly argued by a solid legal team. 

Choosing the Ashcott team as your assault defence solicitors 

It’s important that you seek legal advice in a timely manner, ideally before charges are brought forward. It’s possible that the case can be arbitrated outside the courtroom, if matters are handled in a sensitive and timely manner. 

Call us now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour).

You can also contact us via our contact form and we will respond to you as soon as possible.