Assault is a legal concept that most of us have at least heard of before. While the word is often thrown around, it’s not until you’re involved in a legal investigation and potentially face criminal charges that you’ll be faced with the realities of the law.
You may be wondering which acts might constitute assault, including whether something like pushing or grabbing might result in a guilty verdict. Here, we take a look at the basics of common assault, from how it’s defined by the law in the UK to which defences might be available to you.
If you suspect that you could be the subject of an investigation, then it’s crucial that you don’t purely rely on articles like this for your legal defence. You’ll need to work with a criminal defence solicitor experienced in assault cases, so that you’re fully prepared should you have to fight your case in court.
Common assault defined
Assault – formally known as common assault – is defined under section 39 of the Criminal Justice Act 1988. According to the act, you can be found guilty of common assault if you either commit an act of unlawful violence towards someone else, or cause that person to reasonably fear that they face imminent unlawful violence.
In cases where physical violence actually occurs, whether that’s pushing, grabbing or some other form of physical contact, while it will still technically count as common assault, it will be called “battery” and the defendant will face a charge of “assault by beating”.
It’s important to note that while this may sound quite serious, for a charge of battery under common assault to apply, any injuries suffered will need to be very minor. For more serious injuries, the offences of either Actual Bodily Harm or Grievous Bodily Harm will potentially apply.
Examples of common assault
If the above definition of common assault sounds quite vague, then some examples might help to clear things up a little. Typical examples could include an argument that escalates to the point where someone slaps someone else in the face, pushes them away so that they fall onto the floor, or grabs them roughly so that they fear for their safety.
If the act of violence results in some more serious form of injury, such as a deep wound, a broken bone, or anything other than a very minor scratch, it will likely be too serious to be dealt with under common assault charges.
If you’re unsure as to whether you’re facing common assault charges or something more severe, then it’s crucial that you reach out to a criminal defence solicitor for further advice at the earliest opportunity available. The difference in terms of sentencing is drastic, and you absolutely don’t want to find yourself underprepared for your defence.
Other complications
There are some scenarios where common assault can be dealt with by the legal system slightly more seriously. If you pushed or grabbed a police officer, medical health professional or some other kind of emergency services worker, then you might instead face charges of assaulting an emergency services worker under the Assaults of Emergency Workers (Offences) Act 2018.
This results in a substantial escalation in terms of legal repercussions, with the maximum sentence for the same kind of actions rising from 6 months in prison up to two years in prison.
When to look for legal assistance
If you’ve been involved in any kind of altercation involving some form of pushing or grabbing, no matter how minor, then it’s imperative that you seek legal assistance sooner rather than later. What could be considered a very minor event between friends can become a very serious legal issue when it occurs in different contexts between strangers, and you need to take the implications seriously.
At the very least, a criminal defence solicitor will be able to put your mind at rest and tell you that there’s nothing to worry about. If there is some kind of possibility that you’ll face criminal charges, then they’ll be able to provide you with advice before and during any interviews under caution you need to attend, help you develop a strong legal defence, and arrange for your representation in court if necessary.
The more time you have to work on all of this together, the higher the chances are that you’ll be able to achieve a result that you’re happy with.
Sentencing for assault
According to the sentencing guidelines, those found guilty of common assault – including battery – can face a maximum of 6 months in prison, with an offence range of between discharge and 26 weeks. If the assault is committed against an emergency worker, or if it is racially or religiously motivated, then the sentencing maximum increases to 2 years in prison.
With actual bodily harm (ABH) that further increases to 5 years in prison, while with grievous bodily harm with intent to cause serious harm, it increases substantially to a maximum sentence of life imprisonment.
Impacting factors
There will be a range of factors that have an impact on how serious your sentence is should you be found guilty.
In cases where you used or threatened to use a weapon, where the victim was particularly vulnerable, or where the assault involved the abuse of a position of power or trust, the sentence will likely be higher.
In cases where the assault was a single blow, the defendant is of otherwise good character, and shows signs of genuine remorse, the sentence will typically be lower.
Potential defences
There are a range of offences available for those who have been accused of common assault. Which defence applies to your specific situation will need to be determined by an experienced criminal defence solicitor, based on the details you’re able to provide them with.
It’s never the right course of action to just hope that these kinds of things will simply blow over and turn out alright. Make sure that you act fast, seeking assistance from a legal team with extensive experience dealing with assault cases – it doesn’t require much effort to dramatically reduce the chances that you end up going to prison.
If you’re facing assault charges, we can help. Call our team now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour). You can also contact our team at Ashcott Solicitors via our contact form. We will respond to you as soon as possible.
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