Is assault by beating the same as common assault?

In everyday parlance, a lot of terms such as assault can be used in a wide range of settings, often without much technical specificity. While this might not be much of an issue if you’re discussing something you’ve come across in the news, when it comes to actually navigating the legal system, the stakes become somewhat higher. 

In the English legal system, terms such as ‘common assault’ and ‘assault by beating’ have incredibly specific legal definitions. Should you find yourself personally involved in such a case, it becomes imperative that you understand these definitions, to allow you to effectively navigate the various aspects of your investigation and trial. 

In short, while the two terms are similar and covered under the same offence, they are not the same. Understanding the differences is critical when it comes to understanding both the kinds of legal consequences you might be facing, and when it comes to developing a legal defence.

While introductory articles such as this can be a great way to start to understand the law, they are by no means an alternative to specialist legal advice. If you are involved in any kind of assault case, it’s vital that you seek advice from a criminal defence solicitor at the earliest opportunity available to you.

 

The legal definitions

The clearest way of exploring the differences between assault by beating and common assault is to take a look at the legal definitions. 

Common assault

The offence of common assault is defined under s. 39 of the Criminal Justice Act 1988. According to the act, you may be found guilty of common assault if you act intentionally or recklessly in a way that causes another to suffer fear of immediate violence. 

Importantly, common assault does not involve physical contact; it is typically some kind of verbal threat, or an action which threatens violence but does not connect with the victim’s body. 

Assault by beating

Assault by beating is not technically a separate offence, but rather another form of common assault. It represents a slight escalation over common assault, however, in that it must also involve the unlawful application of physical force, not just the threat of physical violence. 

Often also referred to as battery, while assault by beating sounds serious, it is not an offence that will typically result in lasting injuries. Simply pushing someone, grabbing them, spitting at them or pulling their hair are sufficient actions to result in a potential charge of assault by beating.

Other related offences

If someone suffers unlawful violence to a degree that they are left with some kind of serious injury, then the offender will potentially be guilty of either Actual Bodily Harm (ABH) or Grievous Bodily Harm (GBH). 

ABH covers instances where the harm is not long-lasting, but more than trifling, such as bruises or instances where swelling or cut skin is caused. GBH, on the other hand, covers instances where the injuries are serious enough to have an ongoing negative effect on the victim; this could include broken bones, internal organ damage or serious psychological damage. 

The biggest difference to be aware of as a defendant with these kinds of offences is the potential sentence you might face if you’re found guilty. While common assault can result in a short custodial sentence, should you be found guilty of GBH, it’s possible to face a prison sentence of up to life imprisonment. 

 

Examples of common assault & assault by beating

If these abstract legal definitions are somewhat confusing, then the practical examples below should help to clear things up. 

Example of common assault

An example of common assault could consist of the following. Someone starts to get into an argument in a pub. Things start to escalate, and the disagreement gets to a stage where one person starts to become threatening. 

One person ends up telling the other person that he’s going to hurt them, and pulls back his fist as if to hit the victim. The punch is not thrown, but the threat is made, and the action shows that there is a reasonable chance that the threat would be followed up on.

Example of assault by beating

In an assault by beating case, the difference is that the disagreement would escalate slightly further. Rather than just threatening to attack the victim, the offender would have actually touched them. For example, they might have thrown the punch, and it might have made contact (but not resulted in any serious injury).

 

Sentencing 

Due to the fact that both assault by beating and common assault are covered under the same offence, the sentencing guidelines are practically the same. According to the guidelines, you can face a maximum sentence of 6 months in prison, with an offence range of between discharge and 26 weeks’ custody. 

If, however, the offence is committed against an emergency worker, or if it is either racially or religiously motivated, then the sentencing guidelines change. Instead of 6 months in prison, those found guilty face a maximum sentence of 2 years in prison, meaning that the case might be heard in the Crown Court rather than the Magistrates’ court.

 

Potential defences

With these kinds of cases, one of the most common defences is often to argue self-defence. If it can be proven that the defendant was also fearing immediate unlawful violence, then it might be possible to argue that their actions were necessary to prevent themselves from facing that violence. 

For self defence to apply, it must be provable that there was a genuine belief that an attack was imminent, and that the force used was reasonable. If you believe that you may be able to argue self defence, it’s important that you speak with a criminal defence solicitor to see if it’s the best defence available to you.

Assault cases can be quite serious, and it’s worth taking all possible precautions in your legal strategy. By assembling a legal team early on, you should be able to build as strong a defence as possible, and avoid any unnecessary custodial sentences, warnings or fines.