Assault is a loaded word that holds a lot of weight in most contexts. While it’s frequently used in its colloquial sense, assault also has a (slightly more specific) legal meaning in the context of violent attacks against other persons.
Assault isn’t, however, a single offence that you can be accused of. There are a number of variations on the offence, one of which is assault by beating. Each kind of assault carries very different consequences should you be found guilty, and need to be defended in different ways. It’s vital that you understand what you’re working with, so that you and your legal team can take the right approach going forward.
If you find yourself involved in an assault case, it’s vital that you get legal advice from a qualified criminal defence solicitor at the earliest opportunity available to you. It simply isn’t an issue that you can navigate alone, no matter how much research you carry out independently.
Assault legal definition
In the English legal system, assault is an umbrella term that refers to a number of different violent acts against other persons, of varying degrees of severity. These run all the way from common assault (which doesn’t necessarily require the physical application of force to the victim) up to assault occassioning GBH (which can result in life-threatening injuries through the use of a weapon).
Common assault
Common assault occurs when someone acts in a way that causes another person to suffer (or at least to reasonably fear that they will suffer) from immediate violence. With common assault, physical force will not actually be applied.
Rather, it will typically be a threat of immediate violence, such as raising a fist or making a verbal threat. It’s important to recognise that these threats can be criminal offences, depending on the context of course.
Assault by beating
Assault by beating is a variation of common assault, outlined in section 39 of the Criminal Justice Act 1988. Unlike common assault, assault by beating (also referred to as “battery”) means that physical force will have been applied to the victim.
That being said, the amount of force will not be very much at all. For example, it could consist of pushing or slapping someone. If the assault results in almost any kind of injury, then it will likely be more serious than assault by beating, and will instead fall under assault occassioning ABH.
Examples of assault by beating
To help make these abstract definitions a little more concrete, these are a couple of examples of events that could constitute assault by beating:
- A man gets into an argument in the street with a passerby, calling them offensive slurs. As he gets increasingly agitated, he starts to threaten them, eventually pushing and slapping the victim. The victim isn’t seriously hurt, but is negatively affected by the incident and fears for their safety. If the attack and slurs were directed against a protected characteristic (such as religion or race) then this could be considered an aggravating factor, increasing the severity of any resulting sentences should the defendant be found guilty.
- A paramedic is called to someone’s home, where the patient is clearly upset. They get up off the floor and push the paramedic, while threatening to hurt them further. This would be considered assault of an emergency worker, which is substantially more serious than assault by beating other individuals who aren’t working as emergency workers.
Any situation where an individual applies some kind of force to another individual, where the victim did not consent and the offender’s actions were either reckless or intentionally violent could be considered a case of assault by beating.
Sentencing guidelines for assault by beating
Under section 39 of the Criminal Justice Act 1988, should you be found guilty you face a sentence of up to 6 months in prison, with an offence range of between discharge and 26 weeks in prison. However, in cases where the assault is carried out against an emergency worker, or if it is racially or religiously motivated, the maximum sentence that a defendant could face rises to 2 years in prison.
It’s vital that your solicitor is aware of all the nuances surrounding assault cases, and has experience in building defences for these kinds of situations.
Acting fast
Whether you suspect that you’re under investigation or you’ve already been charged with assault, it’s imperative that you act fast. You need to start working with a solicitor to mitigate any further damage, and start compiling evidence to build your defence. It’s vital that you don’t contact the victim, even if you’re familiar with them; any contact that might be necessary must be done through your solicitor.
No matter how distressing the situation is, it’s vital that you don’t just wait to see how things turn out. Take action now, before it’s too late.
If you have further questions, contact our team of criminal defence solicitors on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour).
