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Common assault

The offence.

Common assault is the lowest level of assault. There is no statutory definition of the offence, and case law has determined that it is “any act by which a person intentionally or recklessly causes another person to apprehend immediate unlawful violence.”

It is not therefore necessary for a person to actually touch anybody for the offence to be proved. The victim simply has to “apprehend” (or fear) immediate unlawful violence.

The person causing the fear must have intended to do so, or have been reckless as to whether he/she would cause that fear.

The defence of ‘ self defence ‘ is available to a charge of common assault . Self defence is where a person uses reasonable force to protect himself or another person. Contrary to popular belief, a person does not need to wait to be struck before he can use this defence. A person who uses reasonable force to defend himself or another from an attack he fears is imminent will be able to raise this as a valid defence.

The penalties for common assault range from a fine to six months imprisonment.

We were instructed by J, who had been involved with an altercation with three waiters at a restaurant in London, whilst dining with friends. J had been charged with common assault against all three waiters. J and his friends contented that the assault had been committed by the waiters following a disagreement over the bill, and that J had simply defended himself from their attack. The police had failed to take statements from any independent witnesses. J was convicted of the offences in the Magistrates’ Court, but his convictions were overturned on appeal to the Crown Court. J was awarded his costs.

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IBB Solicitors has one of the leading teams of defence solicitors in West London and the South East. If you are facing a serious criminal charge call us now in complete confidence on 0330 999 4999 for immediate emergency representation. Alternatively please email [email protected] .

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Common assault and battery

Published by a lexisnexis corporate crime expert, the offences of common assault and battery.

Technically, the offences of assault and battery are separate summary offences. An assault is committed when the Defendant intentionally or recklessly causes another to apprehend immediate and unlawful violence and battery is committed when a defendant intentionally or recklessly inflicts unlawful force. Although battery may follow an assault that is not always the case.

Common assault and battery can only be tried in the magistrates' court, unless the attack is racially motivated, in which cases the offences can be tried in the magistrates' court or Crown Court by virtue of section 29 of the Crime and Disorder Act 1998 (CDA 1998). See Racially or religiously aggravated assault below.

The normal statutory time limit for charging an offence of assault or battery is six months from the commission of the offence. However, separate time limits apply in proceedings for common assault or battery where the alleged behaviour of the accused amounts to Domestic violence , and the Complainant has:

made a witness statement with a

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Key definition:

Assault and battery definition, what does assault and battery mean.

These are separate offences; an assault is intentionally or recklessly causing another to apprehend immediate and unlawful violence, whereas battery is the intentional or reckless infliction of unlawful force.

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Old Bailey Solicitors

Understanding Common Assault and Battery

What is common assault.

You may be familiar with what an assault is, for most it is believed that an assault is committed where someone attacks another person , perhaps by way of a punch or slap. You may not, however, be aware that a common assault can be committed where no force is actually used against another person.

Common assault is a common law offence, which means it originates from case law and is not enshrined in statute. There is legislation in force, Section 39 of the Criminal Justice Act 1988, which provides the maximum sentence for a common assault as 6-months’ imprisonment. However, how a common assault is committed has therefore been developed by the courts.

Today, common assault can be committed in two different ways, each can be referred to slightly differently:

• Common Assault or a Technical Assault
• Common Assault by Beating or Battery

In this blog, we will look at how each offence is committed and alleviate some of the confusion around the differences between the two offences .

Common Assault/Technical Assault- What is it?

A common assault is committed where a person ‘causes another to fear immediate unlawful force’. It is an offence triable summarily only, which means that offences of common assault can only be heard in the Magistrates’ Court.

When a common assault is committed, there is no actual infliction of any force.

Usually, for a person to ‘fear immediate unlawful force’, verbal threats are made such as ‘I am going to hit you’. However, there are a number of different ways in which a person could be caused fear of immediate unlawful violence, including pointing a gun at another or raising a fist towards them.

What is meant by ‘Fear’?

The term ‘fear’ does not mean a person has to be scared of the unlawful force. A person may be very confident in their ability to deflect an attack or does not feel frightened at all by it. Rather, the definition has been interpreted so the word ‘fear’ can be read as ‘apprehend’. Therefore, fear is not required, apprehension (or for use of a better word, anticipation) of the infliction of immediate unlawful force will suffice.

What is ‘Unlawful Force’?

Much like the above, the term of ‘unlawful force’ is deceptive as it insinuates an ‘attack’ on a person. The term ‘force(ful)’ usually denotes something done with strength or power. However, as will be discussed below, force in the context of assault can be as minimal as a touch. In the circumstances that the touching is not consented to, it is unlawful.

How ‘Immediate’ does the force have to be?

Finally, the threat of force must be ‘immediate’. The case-law in the area suggests that ‘it is likely that violence would result within a reasonably short period of time and without any other intervening occurrence’ ( R v Horseferry Road Magistrates’ Court Ex P. Siadatan) (this was in relation to a public order offence, but applicable to common assault). In the case of Smith v Chief Superintendent for Woking Police , the court held that the threat of force was immediate, even where, as in this case, a person was looking through the victims bedroom window, and to inflict the force they would have had to force open the window and climb through it before the force could be applied. The immediacy of the threat therefore, does not have to be instantaneous.

Conditional Assaults

An assault can still be committed in circumstances where that threat is caveated or conditional. This was empathized in the case of Read v Coker in which a person threatened to break the victim’s neck if he did not leave the premises. The court held that in circumstances akin to this, the onus would be on the victim to avert the threat of the force, and would therefore, still amount to an assault.

Mental Element of the Offence

To be guilty of an assault, a person must also have the mental element of the offence, or mens rea. The mental element of the offence is that the defendant either intended or was reckless as to causing the victim to fear the apprehension of immediate unlawful force.

To be reckless as to committing the offence, one must realise the risk of it causing the outcome of causing a person to fear the immediate infliction of unlawful force, but carry on to take that risk anyway. Therefore, recklessness is a lower standard of mental element than intention to bring about that outcome.

Common Assault by Beating or Battery – What is it?

The difference between the offence of Common Assault and Battery is minimal, the only difference being that the force is used rather than threatened.

Therefore, a battery is committed where a person, intentionally or recklessly, inflicts unlawful force on another person.

Unlike with a common assault, the person on whom the force was applied need not apprehend the force. The offence is committed where the force is applied.

What is meant by ‘force’

As noted above, the force used against another person can be incredibly minimal and a person may be guilty of an offence of battery by the slightest of touches.  This offence is often charged using the words “by beating” but the beating in question might be the merest of touches.

In the case of R v Thomas it was found that a battery was committed where a person touched the hem of a person’s skirt. Whilst this is an extreme example of how minimal the force needed to be guilty of battery, it indicates how easily the offence can be committed.

Usually speaking, battery is committed where a person hits or kicks, but it can also be committed by spitting and throwing objects at another person. Where a battery is committed, there is not usually any physical injury caused to the victim. In cases where a physical injury is caused, the police will usually investigate ABH for injuries such as swelling and bruising or reddening and GBH for injuries such as broken bones and big cuts. If you would like to learn more about ABH or GBH, please see our other blog posts about these offences.

What is the mental element of battery?

As with the offence of a technical assault, the mental element or “mens rea” is to ‘intend or be reckless as to inflicting unlawful force.’ Therefore, you must have either intended to apply that force to another, or realised the risk that your actions could result in the infliction of unlawful force, but carried on anyway.

Concluding Remarks

If you are facing a charge of common assault, it is important to seek legal advice as soon as possible. Old Bailey Solicitors is a criminal defence law firm based in London , Sussex , and Surrey , with extensive experience in defending clients who have been accused of both common assault and battery.

Our team of experienced lawyers will work closely with you to build your case, ensuring that your rights are protected throughout the legal process. We understand how stressful and overwhelming facing a criminal charge can be, and we will be with you every step of the way.

Whether you have never been involved in the criminal justice system before, or understand the process and have previous convictions, common assault or battery can have significant consequences for those convicted of the offences. At their most serious, common assault and battery are imprisonable offences and it is therefore important to have the best possible representation to assist you throughout the process.

Please contact us today if you have been charged with, are under investigation or due to attend a voluntary interview under caution for common assault or battery, for a no-obligation discussion about your case and circumstances.

Matt Bishop

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Section 39 of the criminal justice act 1988.

Although this rarely results in a custodial sentence, it does appear on your criminal record and repeat offenders of a violent nature could find themselves facing imprisonment. A conviction of Common Assault can result in imprisonment for up to 6 months.

If the term “assault by beating” is used in your case then this means some form of unlawful physical contact has been made. This can take the form of a slap/scratch or spit and need not leave any physical marks or bruises. If bruising is present then you may be charged with Actual Bodily Harm (ABH) which is a more serious offence. If physical violence does occur immediately after an assault, the Defendant will also be charged with a  battery offence .

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First time offence for common assault – What you need to know

Ashcott Solicitors , Criminal Defence , Criminal Defence Solicitors In Manchester , Criminal Solicitors , Criminal Solicitors Manchester | 0 comments

Common assault is a surprisingly common crime for people to be charged with. This results from the relatively broad definition of the crime – it’s possible for a wide range of people to find themselves guilty of the offence, not just hardened criminals.

While it’s a relatively common occurrence, with a low sentencing maximum, it’s still a serious criminal offence, and it’s important that you understand what repercussions you may be facing.

Common assault defined

Common assault is a criminal offence under the law of England and Wales, and it is defined as an act of violence or threat of violence, that causes someone to fear that they are in immediate danger of being harmed. Common assault can take many forms, such as pushing, hitting, or even verbally threatening someone with violence. Due to the maximum sentencing,  it’s considered a summary only offence, which means it is usually dealt with in the Magistrates’ Court.

ABH and GBH

Two common escalations from a common assault charge are ABH (actual bodily harm) and GBH (grievous bodily harm). ABH occurs when an assault leads to physical injury; this is generally relatively minor, and could consist of a split lip, a bruise, or a cut. Mental injuries may also be considered. GBH is a step up from ABH, and consists of potentially life changing injuries. These might include deeper cuts, broken bones, or a serious blow to the head.

Sentencing for first time common assault

Sentencing for a first-time offence of common assault in the UK can vary depending on the specific circumstances of the case. The maximum sentence for common assault is six months’ imprisonment and/or a fine. However, the sentence will typically be less severe for a first-time offender. 

As with most other crimes, the Sentencing Council has provided extensive guidelines for Magistrates to follow when sentencing for common assault. These guidelines take into account a wide range of factors, including the level of violence used, the harm caused to the victim, and the offender’s previous criminal record (if they have one).

Sentencing for ABH or GBH

Sentencing for both ABH and GBH can be significantly more severe than sentencing for common assault. With ABH, sentencing maximums go all the way up to five years imprisonment. If aggravating factors such as racial motivation can be proven, that can go up to seven years imprisonment. 

If it can be proven that the assault was carried out with the intention of causing GBH, the maximum sentence is life imprisonment. Obviously, this depends on multiple other factors as well, and receiving a sentence of life imprisonment will be quite rare.

The repercussions of being found guilty of common assault extend beyond the sentence that’s handed out. Even if you receive a minor sentence such as community service, it will end up on your criminal record, affecting your ability to find employment and travel to certain countries.

Mitigating factors for first time assault

Often, an offender’s sentence can be reduced based on mitigating factors. Mitigating factors that might be taken into account when sentencing for common assault include the offender’s remorse, their cooperation with the police and the court, and any steps that they’ve taken to make amends, such as apologising or providing compensation to the victim. The offender’s mental health and personal circumstances, such as a history of abuse or addiction, may also be considered as mitigating factors.

It’s important to note that when attempting to make an apology or compensate, it’s important not to reach out to the victim directly if a criminal investigation is ongoing. Seek the advice of a criminal defence solicitor before, and they may be able to reach out to the victims legal team to make an appropriate form of contact.

Legal defence for common assault

In many cases, the offender may be able to use a legal defence to avoid conviction, or at least to mitigate the sentence. One of the most common defences for common assault is self-defence, which consists of arguing that the offender used violence only to protect themselves or others from harm. Another possible defence is that the offender had a lawful excuse for their actions, such as acting to prevent a crime.

In certain cases, it might be possible to argue that the act of violence was an accident, and that the offender did not intend to cause harm. This can be a defence that might be effective if the prosecution cannot prove that the offender had the intent to commit the crime.

In rare cases, the offender may also be able to make the defence that they were acting under duress, meaning that they were forced to commit the assault by someone else, such as a kidnapper or a blackmailer.

Seeking legal advice

Common assault charges can arise from a wide range of events such as heated arguments, where threats may be made. While the circumstances surrounding the event may seem relatively benign, being convicted of common assault can have very serious repercussions, making it imperative that you seek a criminal defence solicitor as soon as possible.

If it’s a first time offence, and you seek assistance from an experienced criminal defence solicitor, it’s unlikely that you’ll be sentenced to imprisonment. However, this is largely dependent on the quality of the legal advice you receive. Your solicitor will be able to attend any interviews under caution with you, and if necessary, help you to develop a legal defence and represent you in court. As with all legal matters, the more time they have to do these things, the more likely it is that you receive the best result possible.

If you’re facing a first time offence for common assault, reach out today by calling on 0161 234 0020 (MANCHESTER) / 0203 053 8625 (LONDON) / 07956 555797 (24 HOUR).

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Assault and battery Cases

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Our recent hate crime convictions.

Any crime can be prosecuted as a hate crime if the offender:​

• demonstrated hostility towards one of the five characteristics ​protected by the hate crime legislation, or
• was motivated by hostility towards one of these characteristics

Offenders can receive longer sentences if they are convicted of a hate crime.

Homophobic harassment of a shop owner

In November 2022, a man was convicted of a homophobic public order offence, after he repeatedly used homophobic remarks and other derogatory and threatening comments to harass a shop manager.

The victim and her work colleague provided consistent statements, and the available CCTV footage supported their account of events. The police were authorised to charge the suspect with intentional harassment. Normally, the police would not require a CPS decision for a case of this nature. However, as it was a hate crime, the police were required to make a referral to the CPS under the Director’s Guidance. 

The defendant plead guilty and was issued with an indefinite restraining order not to contact the victim and a 12-month exclusion requirement not to enter the shop.  A 12-month community order was also imposed, along with a compensation award of £200 to the victim. This was uplifted from £100 since the case was a hate crime.

Abid Ali, Senior Crown Prosecutor CPS Direct:

Racially aggravated harassment of a restaurant worker

In January, a 39-year-old male repeat offender was convicted of racially aggravated intentional harassment. He pleaded guilty to being verbally abusive towards a 17-year-old black, female member of staff in a restaurant after drinking heavily.

The case was passed to CPS Direct and after reviewing the case evidence, the CPS decided to charge the offender. We make charging decisions for more serious offences, including hate crime offences and any offence which carries a sentence of more than six months in prison. For less serious offences, the police make the decision on whether to charge a suspect. CPS Direct deals specifically with cases where the suspect cannot be released on bail because they pose a risk of absconding or reoffending – as was the case in this example.  He was facing a custodial penalty for the offence based on his criminal history and the Crown believed that if he were bailed, he might commit further offences.

The defendant had upset and harassed the victim through his words and behaviour. The offence showed the defendant had demonstrated hostility towards the victim based on her presumed ethnicity. The evidence therefore supported a charge of racially aggravated intentional harassment.

The defendant was charged and, with the weight of evidence against him, pleaded guilty. The defendant had two similar convictions from 2022 and the court decided to remand him in custody for a report prior to sentence. The defendant was sentenced to a term of 12 weeks’ custody.

Our prosecution guidance on racist hate crime explains how we prosecute offences like these to make sure we present the strongest possible case in court.

Paul Richards, Senior Crown Prosecutor, CPS Direct:

Homophobic harassment of a pub landlord

In January, a 36-year-old man was convicted of harassment, malicious communications, perverting the course of justice, and witness intimidation. He had tried to enter a pub he had previously been barred from after making vulgar comments about the landlord’s sexuality. Upon being turned away, he posted twice on Facebook, making threats towards the landlord.

We make all our decisions by following the two-stage test set out in our Code for Crown Prosecutors. The test asks two questions: 1. Is there enough evidence in this case to realistically get a conviction? 2. Is it in the public interest to prosecute this person? All our prosecutors receive specialist training on hate crime to make sure that they understand the law and the context of their decision making, including the impact these crimes have on communities. In this case our prosecutor carefully reviewed the evidence and decided that it met our test, so we authorised the police to charge the suspect.

He later pleaded guilty to a selection of charges on the day of the trial. He was sentenced to 32 months’ imprisonment, and as part of that sentence, he received 12 months for the homophobic messages. This was uplifted from nine months to mark the statutory aggravating factor of the hate crime.

“In terms of the case developing, the defendant targeted his attention on the corroborating witness (who was a friend of the Landlord in the original investigation). The witness alleged that he received threatening and abusive messages from a Facebook account created by the defendant. The witness further discovered that a fake Facebook profile had been set up in his name and used to make derogatory comments on other people’s profiles. The defendant even made a false police report against the witness attempting to suggest that the witness was threatening the defendant.” Herbinder Rahl, Senior Crown Prosecutor, CPS West Midlands

Racially and religiously aggravated harassment of a taxi driver

In November 2022, a defendant was convicted of a racially aggravated public order offence, assault on a police officer and drug offences.

The defendant repeatedly harassed a taxi driver with racist and religious abuse. When the police were called, he kicked out at one of the officers. He was arrested and searched and found to be in possession of drugs.

As the case was a hate crime, the police had to request a charging authority from the CPS. Charges of a racially aggravated public order offence, assaulting an emergency worker and possession of drugs were authorised by a prosecutor at CPS West Midlands.

The defendant initially pleaded not guilty, and the court prosecutor made sure that a clear note of the trial issue was made.  The case was then prepared for trial.

Before the trial date, the defence solicitors wrote to the reviewing lawyer and asked her to consider whether it was in the public interest to continue with the prosecution as the defendant was serving a 40-month custodial sentence for other matters. 

The lawyer decided that it was in the public interest to continue to prosecute all matters, as the defendant had committed a hate crime and an offence against an emergency worker.  The lawyer informed the defence solicitors of this, who then told the CPS the defendant intended to plead guilty to all charges.  He entered guilty pleas at court via a TV link from prison.

The prosecutor on the 17 November informed the court of the circumstances of the offence. The defendant received an 18-week custodial sentence for the racially aggravated public order offence and was informed that the sentence had been increased by three weeks to reflect the hate crime.  He received a further 12 consecutive weeks for the assault on the police officer, giving him a total sentence of 30 weeks.  He received a concurrent two-week sentence for the drugs offence and was ordered to pay £75 to each victim.

Homophobic aggravated assault of a vulnerable adult

Recently, a man was convicted of homophobic aggravated assault by threats, after he harassed a vulnerable service user on multiple occasions.

As this was deemed to be a hate crime due to the nature of the threats being given referring to the presumed sexual orientation of the victim one of our CPS duty prosecutors took the call from the police and was responsible for authorising the charge after reviewing the evidence.

Gordon Grace, Senior Crown Prosecutor, CPS Direct:

Racially aggravated harassment towards a long term partner

Recently, a man was convicted of racially aggravated intentional harassment. The defendant domestically abused his long-term partner, and on one occasion, tried to break into her house and threaten her.

The defendant was charged with: assault occasioning actual bodily harm, making a threat to kill, two charges of sending an electronic communication with intent to cause distress or anxiety, and racially aggravated harassment, putting another in fear of violence.

With the weight of the evidence stacked against him, the defendant was convicted of all charges. Significantly, the defendant demonstrated hostility towards her based on his presumption of her racial identity.

The defendant was sentenced to five years in custody. He received two years in custody, concurrent, for the count related to the racially aggravated offence.

The prosecution wrote:

“… we are satisfied that the Learned Judge had clearly considered the racially aggravated element of the case, as outlined in the Sentencing Note and factored this into his decision-making when determining the length of sentence.

However, it would appear that the application of the uplift was not specifically stated when sentencing.

The Learned Judge immediately had the case re-listed at Wood Green Crown Court where he was by then, sitting, and before Counsels via CVP, he revised his approach to the sentencing and applied the uplift. The sentence was not increased, but the approach to the sentencing was clarified, announced in open court and recorded."

Claire Holder, Senior Crown Prosecutor, CPS London South:

“This case demonstrates the objective way in which racially aggravated offences can be charged when warranted by circumstances. It also highlights the importance of the sentencer announcing in open court the application of the uplift in sentence and the staged approach being adopted, thereby satisfying the requirements of the law.”

Racially aggravated domestic violence

Recently, a 28-year-old man was convicted of racially aggravated common assault after assaulting his father, sister and a police officer, and using racist slurs against his sister’s partner.

After the investigation, it was clear this offence was racially aggravated. The suspect harboured hostility towards the black partner of his sister.

All our prosecutors receive specialist training on hate crime to make sure they understand the law and the context of their decision making, including the impact these crimes have on communities. In this case, our prosecutor carefully reviewed the evidence and decided that it met our test. We therefore authorised the police to charge the suspect with racially aggravated common assault.

The suspect was sentenced to 20 weeks’ custody for the racially aggravated offence. The sentence was uplifted from a community order, to reflect the severity of the hate crime.

Ian Ward, Senior Crown Prosecutor, CPS Direct

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Home > Specialist Areas > Violent Crime & Serious Assault Solicitors > Common Assault Solicitors & Lawyers

Common Assault Solicitors & Lawyers

Have you been accused of assault or battery.

Assault is a criminal offence. Some types of assault are deemed more serious than others, and convictions and sentences will match.

The type of assault you could be charged with can be dependent on the circumstances of the offence, such as:

• The severity of the injuries inflicted
• Whether the assault was intentional or reckless ie. unintentional

Section 39 of the Criminal Justice Act 1988 defines assault as a person acting intentionally or recklessly to ‘cause another to suffer or apprehend immediate unlawful violence’. Consequently, even if the victim of assault reacts in time to prevent any injury, it can still be an assault.

What is common assault?

Common assault is the lowest level of assault, classified in the Criminal Justice Act 1988. The offence is ‘ summary only ‘ and, as such, can only be heard in a magistrates’ court. Common Assault is often called other things too, such Assault by beating, or Battery. These different terms can result in confusion, however, they all refer to the same offence.

The criminal offence of assault includes:

• Common assault
• Actual bodily harm (ABH)
• Grievous bodily harm (GBH)
• Grievous bodily harm with intent (GBH with intent)

The offence of common assault is committed when:

• A person assaults another person
• A person commits an act of battery (the intentional and reckless use of unlawful force against another)

What if there has been no injury?

No physical injury needs to take place for common assault to be committed. Common assault involves the unlawful touching of a person – where they have not ‘silently’ consented – but no injury needs to occur.

What is the sentence for common assault?

The offence of common assault carries a maximum penalty of six months in prison and/or a fine or community order. Depending on how serious the physical assault or injuries are, if it is a first offence, common assault is unlikely to result in a prison sentence, yet it will appear on criminal records.

If common assault is a repeat offence or actual violence has been proven to have been used, the offender will have higher culpability. This is also the case if there are aggravating factors involved in the offence, such as racial motivation.

What factors affect the sentencing of common assault charges?

If you have been accused of assault, how the case is dealt with depends on which level of offence is charged:

• Whether there has been physical contact – in some cases, threatening words or gestures are enough to constitute assault
• The seriousness of any injuries inflicted – only the most minor physical injuries fall under common assault
• If the injuries sustained were intentional – reckless harm will attract leniency
• The vulnerability of the victim – causing harm to more vulnerable people will result in tougher sentencing

What to do if you are accused of common assault

If you are charged with common assault and are facing court proceedings, then you should appoint an expert criminal defence solicitor. Lawtons solicitors will work with you to ensure you are fairly represented and that the best outcome is achieved in accordance with the facts of the case.

For more information on legal proceedings surrounding common assault charges or to discuss an individual case in complete confidence, please do not hesitate to contact us .

What defence is there against common assault charges?

One of the most common defences against the charge of common assault is that no assault actually occurred. Since common assault doesn’t involve significant injuries and there is sometimes no physical contact at all, it can sometimes be difficult for the prosecution to prove that the offence took place. Another legal strategy could be to demonstrate that the harm caused wasn’t as severe as the prosecution allege it was. Or your legal team could seek to downplay your culpability for the crime. For instance, if you were part of a group that committed an assault, but you yourself played a minor role in the crime. Many people accused of common assault or battery cite self-defence, defence of another or defence of a property as a defence or mitigating factor in their case. Preventing a crime can also be a valid defence against a charge of common assault or, indeed, ABH or GBH .

How can Lawtons common assault solicitors help you?

As experienced assault and battery solicitors, we can help to formulate the right defence strategy and identify any evidence that might help your case. 

We’ll work to have charges against you dropped, which is an outcome we’ve achieved for many previous clients. If charges go ahead, however, we’ll ensure that any damage to your reputation is minimised, safeguarding your future as far as possible.

Alongside expert legal representation, we’ll provide personal reassurance and guidance every step of the way.

For more information on common assault laws and sentencing, or to discuss an individual case, don’t hesitate to get in touch. To contact us today, please call us on 0333 577 0522 or enquiry online and we can begin working on a defence strategy now.

Contact us now to safeguard your future.

Useful Links

• Assault charges & sentencing: How long are sentences for common assault and assault charges in the UK?
• What is Aggravated Assault & Varying Degrees of Assault in the UK
• What happens if assault charges are dropped according to UK law?
• What constitutes a domestic assault charge in the UK?
• Why Lawtons?

FAQs about Common Assault

What is the penalty for common assault?

Can assault charges be dropped?

• A lack of sufficient evidence
• Withdrawn witness statements
• The decision to take the offence to court is not in the victim’s interest

How long does common assault stay on your record in the UK?

What if an assault is racially or religiously aggravated?

Related Case Studies

Not guilty of assault – expert evidence called by Lawtons – Westminster Magistrates Court

R-v-E: Successful Outcome in Recent Indecent Assault Case

Not Guilty Verdict at Highbury Corner Magistrates for Assault PC

Our Team of Common Assault Solicitors

Dawn McKnight

Joanne Cestaro

Andy Hobdell

Do not retain this copy. Only the online version of a guideline is guaranteed to be up to date.

Published on:

31 January 2018

Assault offences explained

There are three basic types of assault offence set out in law – common assault, actual bodily harm (ABH) and wounding / grievous bodily harm (GBH). They are primarily defined by the harm caused to the victim – with common assault at the lower end of harm and GBH at the upper end.

They cover everything from threatening words to a severe physical attack that leaves the victim permanently disabled.

This post will outline a short summary of these three types of assault.

Common assault (section 39, Criminal Justice Act 1988)

A person is guilty of common assault if they either inflict violence on another person – however slight this might be – or make that person think they are about to be attacked.

They do not have to be physically violent – for example, threatening words or a raised fist could lead the victim to believe they are going to be attacked – and that is enough for the crime to have been committed. Other acts like spitting at someone may also classed as common assault.

The offence covers both intentional and reckless acts.  For example, the offender may not have intended to cause the victim to think an attack was imminent but if they behaved in way that was likely to make the victim think they were about to be attacked, and they didn’t care what effect that behaviour would have, the offender is guilty of the offence.

If violence is used in a common assault, it is called a “battery” and the perpetrator would be charged with “assault by beating”. This does not however, mean that the victim was actually ‘beaten up’ or even hit or kicked – it could be that they were pushed, grabbed or spat at. The victim may not therefore have suffered any physical injury, and if any injury was caused, it would need to be quite minor to fall under common assault.

There are some situations in which actions that might fall under the definition of ‘assault’ are lawful, for example in medical interventions, in self-defence, or where it is part of a contact sport like rugby.

The maximum sentence allowed by law for common assault is six months imprisonment, and cases can only be heard in the magistrates’ court. If the assault is racially or religiously aggravated, the maximum sentence is two years imprisonment and cases can be heard in the Crown Court as well.

There are two other offences related to common assault – assault with intent to resist arrest and assault on a police constable in execution of his duty.

Assault with intent to resist arrest (section 38 Offences against the Person Act 1861)

This offence happens when someone commits a common assault at the time of a lawful arrest or detention with the aim of resisting or stopping the arrest, whether it is them or someone else being arrested. The victim need not be a police officer and could be a private citizen assisting an officer, or a private citizen or store detective making a citizen’s arrest. The maximum sentence is two years and cases can be heard in either the Crown Court or in the magistrates’ courts.

Assault on a police constable in execution of his duty (section 89 Police Act 1996 )

This offence is a common assault on police or prison officers acting in the execution of their duty, or on a person helping them. Off-duty police officers may act in the course of duty if an incident occurs which justifies their immediate action as long as they acted lawfully.

Police and community support officers (PCSOs) are not included within this offence unless they are assisting a police officer at the time of the offence.

The maximum sentence is six months imprisonment and cases can only be heard in the magistrates’ courts.

This offence is not designed to cover all assaults on police officers. If an assault leads to more significant injury than is covered by common assault then the attacker would potentially be guilty of a more serious offence – either ABH or GBH.

Assault occasioning actual bodily harm (section 47, Offences against the person act 1861)

For this offence, the assault (which can be intentional or reckless as above) must have caused some physical harm to the victim.  It does not need to be serious or permanent but must be more than trifling or transient. Some psychiatric harm can also be covered by this offence, but must be more than just fear or anxiety.

Although injuries that are more than ‘transient or trifling’ can be classified as ABH, in practice someone who causes no injury or injuries which are not serious is likely to be charged with common assault.

The maximum sentence for ABH is five years imprisonment and cases can be heard in the magistrates’ courts or Crown Court.

Grievous bodily harm / wounding

This covers two offences

• Unlawful wounding or inflicting grievous bodily harm (section 20, Offences against the person act 1861)
• Causing grievous bodily harm with intent to do grievous bodily harm/Wounding with intent to do grievous bodily harm (section 18, Offences against the person act 1861)

Unlawful wounding or inflicting grievous bodily harm (section 20)

Grievous bodily harm means really serious physical harm although it does not have to be permanent or dangerous.  It can also comprise psychiatric injury or someone passing on an infection, such as through sexual activity.

Wounding requires the breaking of the skin, or the breaking of the inner skin (eg within the lip) but does not include the rupturing of blood vessels.  Although a minor wound would therefore technically come under this offence, in practice the CPS is unlikely to charge it under s.20 However, the injuries involved in a wounding are of a lesser nature than those in GBH, so there can be quite some difference in the level of sentence for these two categories of injury.

The injury must be inflicted directly or indirectly by some deliberate or reckless conduct by the offender that was not an accident.

A section 20 offence requires either an intent to do some kind of bodily harm to another person or recklessness as to whether any such harm might be caused.  So even if minor harm was intended but serious injury resulted, someone could be charged with this offence.

The maximum sentence for this offence is five years and cases can be heard in the magistrates’ or Crown Court.

Causing grievous bodily harm with intent to do grievous bodily harm/Wounding with intent to do grievous bodily harm (section 18)

This is the most serious of the assault offences and involves situations in which someone intended to cause very serious harm to the victim.

An offence may take one of four different forms, namely:

• wounding with intent to do grievous bodily harm;
• causing grievous bodily harm with intent to do so;
• maliciously wounding with intent to resist or prevent the lawful apprehension etc. of any person; or
• maliciously causing grievous bodily harm with intent to resist or prevent lawful apprehension etc. of any person.

The difference between this offence and a section 20 offence as above is that in a section 18 offence, the offender must have intended to cause serious bodily harm to the victim. It would not involve a situation where someone was very badly hurt unintentionally as a result of a minor scuffle or where during an arrest someone merely intended to resist arrest and in doing so unforeseeably injured the officer arresting him.

The maximum sentence for a section 18 offence is life imprisonment and cases can only be heard in the Crown Court.

The information on this page was correct at the time of publication.

© Sentencing Council: 2024

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