What Is Classified As Assault - Assault is defined as intentional or reckless harm to a person and is charged as common assault, ABH or GBH depending on the severity. This will depend on a number of specifics such as motivating factors and level of harm - ordinary assaults tend to cause minor injuries or temporary discomfort, whereas GBH is seriously harmful to long-term health. The maximum sentence for ABH is three years in prison, while the maximum sentence for GBH can be life imprisonment.
Assault is a complex area of the law. Nick Titchener, solicitor barrister at Lawtons, breaks down the categories into which an offense can fall. Each case is different and the outcome depends on several factors, including:
What Is Classified As Assault
It is up to the police and a team of prosecutors to interpret the details and initially assess the seriousness of the case and what type of attack may have been committed. The level of harm caused is the most important distinction in determining at what level a crime can be charged.
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Intentionally or recklessly causing harm to another person is the general definition of assault in the UK. Assault is typically referred to as crimes against the person. Harm includes both physical and psychological harm, which includes making someone fear for their own safety.
Different types of assault – such as GBH, ABH, simple assault or battery – are each related to a different degree of severity, with different degrees of harm inflicted.
Causing serious bodily harm to another person is the most serious form of assault. The crime of GBH can be committed in two ways:
GBH, whether in contravention of s.18 or s.20 OAPA, is the most serious because in most cases a victim of GBH is left with serious injuries which can sometimes be life-changing. They may also be left with long-term damage or scarring.
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If violence is carried out with a weapon or the equivalent of a weapon, then the act is likely to be classified as intentional infliction of grievous bodily harm (Section 18).
Weapon equivalents are items, objects or parts of the body that are not themselves weapons but can be a weapon if used intentionally, such as:
It is possible to inflict GBH with a single punch or blow, but the more persistent, violent or prolonged the incident, the more likely the consequences were intended.
The use of weapons can also change the dynamics of a case. For example, if a suspect strikes a victim once in the face with a blow that results in a fractured eye socket, then it can be seen that the serious injury was not intended. On the other hand, if a crusher was used, it would be more likely that breaking the eye socket would be considered intentional.
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Generally, sentences for GBH are the most severe of all assault charges. As the most serious form of attack, the consequences reflect this. Depending on the factors of the case and the extent of the damage caused, the starting point for sentencing can vary from 3 years' imprisonment to 16 years' imprisonment.
Whether the crime of GBH was committed recklessly or intentionally is the primary factor in court determining the appropriate sentencing.
Along with other factors, such as the level of harm, the court will consider a range of options and determine whether rehabilitative, non-custodial alternatives are appropriate compared to an outright custodial sentence.
If the facts of the case suggest a lesser culpability, such as the use of a single punch, then the consequence can be as low as a community order.
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Where injuries are sustained by assault but do not cause serious injury, this may constitute an offense causing actual bodily harm (ABH). Determining whether an injury should be considered serious or not is often a case of subjective judgment. This will usually be the discretion of prosecutors or an investigating police officer, although legal guidelines and tests inform this assessment.
Injuries that interfere with a plaintiff's health or personal comfort may constitute an admission of "actual" assault damages. Actual damages refer to the notable consequences caused by an attack, meaning that physical and psychological damages need only be of minimal health damage, but must be proven.
One such case where notable harm was caused was exhibited in a case where the accused person allegedly cut the complainant's hair, which had a particularly negative impact on personal comfort and confidence.
Should a defendant plead guilty or be found guilty at trial, the prosecution can impose a number of sentences.
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ABH cases can be dealt with in either the Magistrates' Courts or the Crown Courts, as a "both-way" offence. Where the case is dealt with will depend on its seriousness and the resulting consequences can range from community orders (if the person is found to be low risk) to 3 years imprisonment in the most serious scenarios which are dealt with by the Crown Court.
Common assault or battery usually involves the unlawful touching of a person (where they have not 'tacitly' consented, ie if they are shaken during a concert) but does not require injury to have occurred.
According to the letter of the law, common assault or battery is charged where there is more than just passing or minor contact. It is not necessary for the police or the prosecution to prove an injury. Usually - with some exceptions - the plaintiff will choose not to prosecute in a case if there are no damages at all, because it would not be in the interests of justice to do so.
In general, most minor assaults that cause minor injuries or inflict discomfort or pain will be prosecuted as common assault.
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Common assault is the only "main" charge of assault which is summary only, meaning it can only be tried in a magistrates' court, unlike ABH offences, which can be tried in both the magistrates' court and the Crown Court.
Where ABH is dealt with in court, it will often be sentenced in a similar way to ordinary assault, where the main emphasis is on the circumstances as well as the aggravating and mitigating factors. The maximum penalty for ordinary violence is a prison sentence of 6 months, with the minimum penalty being a fine. This is usually around 50% of the individual's weekly income.
If you have been arrested by the police on assault charges, your first step should be to seek professional legal representation because the police begin building a case against you from the moment you are arrested. The team at Lawtons are available to represent accused persons 24 hours a day to protect your rights and help you achieve a positive outcome. We have a team of specialist defense lawyers in London, Hertfordshire, Bedfordshire and Essex.
Note: This guide is intended to provide general information only and is not intended to be used as a basis for advice, nor should it be relied upon as advice specific to any case or individual.
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Lawtons accepts no responsibility for anyone using this guide. Should you need specific advice related to a real case or situation, please contact us so that we can provide specific legal advice and assistance.
Nick Titchener, of London-based solicitors Lawtons, has many years of experience in a range of serious legal cases, including sexual offences, violence and assault. Thanks to his measured and methodical approach, Nick is able to flourish even complex cases.
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The severity of penalties for GBH depends on whether the attack was committed intentionally or recklessly. The maximum sentence for willful infliction of GBH is life imprisonment.
A punch to the face will typically be charged as single punch GBH. See the chart above to find out where this falls on the seriousness scale across all types of assault offences.
Depending on the severity of the assault and the type of weapon used, assault with a weapon will typically be categorized as GBH inflicted with intent, the most serious level of assault. This includes the use of weapon equivalents - objects, items or parts of the body that are not themselves weapons but can be a weapon if used intentionally.
There is no single definition of serious violence, as there are several different factors that can lead to an assault being considered "severe". But racially aggravated assaults are charged as some of the most serious - an act of racially aggravated GBH would warrant the highest sentence possible.
What Is Considered An Assault
Battery is a form of assault. Of the various types, it is generally considered to be the least serious, and the offenses carry relatively low penalties. The more serious forms of assault are common assault, ABH
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