Assault Charges: Here’s Everything You Need to Know

Being charged with assault is a serious matter, and the legal and social penalties for being found guilty are grave. Read on to find out everything you need to know about assault charges; from types of offence to sentencing lengths.

What are the main three types of assault offences?

There are three basic types of assault offences:

Common assault

Common assault is when a person inflicts violence on someone else or makes them believe they are about to be attacked. It does not have to involve physical violence - threatening words, a raised fist or spitting at someone are examples.

Actual bodily harm (ABH)

This means the assault has caused some hurt or injury to the victim. Physical injury does not have to be serious or permanent but it must at least cause minor injuries or pain and discomfort. Psychological harm could also cover this offence, although this must be more than just fear or anxiety.

Grievous bodily harm (GBH)/wounding

This means the assault has caused serious physical harm, although this does not have to be permanent or dangerous. A broken bone could be an example of GBH. GBH also covers psychiatric injuries or someone passing on an infection, e.g. through sexual activity.

Wounding requires that the victim’s skin is broken, either on their body or inner skin (lip). However, it does not include the rupture of blood vessels so even if the injury is bruising, this would not amount to wounding.

How long are sentences?

Sentencing for assault will depend on the offence type:

Common assault

●     the maximum sentence is six months’ custody

●     if the assault is against an emergency worker, the maximum sentence is one year’s custody

●     if the assault is racially or religiously aggravated, the maximum sentence is two years’ custody

Actual bodily harm (ABH)

●     the maximum sentence is five years’ custody

●     if the assault is racially or religiously aggravated, the maximum sentence is seven years’ custody

GBH/wounding

●     the maximum sentence is five years’ custody.

●     if the assault is racially or religiously aggravated, the maximum sentence is seven years’ custody

●     if the assault was committed with intent to cause GBH/wounding then the maximum sentence is life imprisonment

How are sentences determined?

Sentences are worked out by assessing harm (damage caused to the victim by the assault) and culpability (measure of how responsible the offender was in the assault).

If the offence included use of a weapon, targeted a vulnerable victim, was committed under the influence of alcohol/drugs or involved an abuse of power, the severity of the sentence is likely to increase.

If you find yourself charged with assault, good advice and strong legal representation can make all the difference to your future. Lefevre Litigation is a legal practice dedicated to the intricacies of criminal law and providing the best representation and advice. Whatever the result, our criminal law solicitors can help you prepare for and deal with assault charges. Contact our experienced team of criminal lawyers to find out what we can do for you.