Assault allegations - defence solicitors

Assault law UK

Common assault – Section 39

An offence of common assault involves causing someone to fear immediate unlawful violence. No contact is required with the victim and neither is any physical injury. Taken at its most serious, a Magistrates’ Court can impose a maximum six weeks’ custodial sentence. However, if it is suggested that the assault was racially or religiously aggravated, this will be charged under Section 29, and can result in a two years’ custodial sentence.

Assault occasioning actual bodily harm (ABH) – Section 47

To satisfy an offence under Section 47, harm must be caused to the victim. ABH includes any hurt calculated to interfere with the health or comfort of the victim, but this need not be permanent. Typically, scratches or bruises would satisfy this definition. The offence carries a maximum penalty of five years’ imprisonment.

Unlawful wounding/inflicting grievous bodily harm (GBH) – Section 20

An offence under Section 20 is committed when a person unlawfully and maliciously either wounds another person or inflicts GBH upon another person. GBH can be described as ‘really serious’ harm and typically includes broken bones, injuries that cause significant blood less and other injuries which cause disfigurement or a loss of sensory function. This offence carries a maximum sentence of five years’ imprisonment.

Wounding/causing grievous bodily harm (GBH) with intent – Section 18

This is the most serious of the assault offences and requires specific intent to wound or cause GBH to the victim using unlawful force. This particular allegation would be dealt with by the Crown Court, after an initial hearing in the Magistrates Court. Factors that may indicate intent include a repeated or planned attack, deliberate selection of a weapon or adaptation of an article to cause injury, such as breaking a glass before an attack, making prior threats or using a weapon against, or kicking the victim’s head.  This offence carries a maximum penalty of life imprisonment.

Assault legal representation

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