Assault and GBH
Assault is a violent crime with several sub-categories differentiated by the severity of the resulting harm and the intent behind the act. Some types of assault are more serious than others, resulting in permanent injuries or motivated by racial or religious discrimination. Secure a robust defence and legal representation for common assault, battery or bodily harm with Newtons’ assault and GBH solicitors.
What Is Assault?
Assault is a criminal offence under both the Offences Against the Person Act 1861 and the Criminal Justice Act 1988 and constitutes a reckless or intentional act that either causes another person to fear immediate unlawful violence or results in the unlawful application of physical force. It is a broad term that encompasses several distinct ‘offences against the person’, which vary in severity and carry different potential sentences. These are common assault or battery, actual bodily harm (ABH) and grievous bodily harm (GBH).
Common Assault or Battery (Section 39 Assault)
Common assault or battery covers the mere threat of violence or the lowest level of violence, respectively. According to Section 39 of the Criminal Justice Act, common assault involves recklessly or intentionally causing another person to fear immediate unlawful violence due to, for example, verbal threats, raised fists or brandishing a weapon. On the other hand, battery involves using force through shoving, hitting or kicking. Sentences for Section 39 assaults include a fine, a community order or up to six months’ imprisonment.
Actual Bodily Harm (Section 47 Assault)
Actual bodily harm is a criminal offence under Section 47 of the Offences against the Person Act. It involves an intentional or reckless assault that results in injuries to the victim, such as bruises, scratches or minor cuts. Sentencing can range from a community order to five years in prison, depending on the severity and the intention behind the attack. Some intentions, such as racial or religious discrimination, can increase the maximum sentence to seven years in prison.
Grievous Bodily Harm (Section 20 Assault)
Grievous bodily harm is a more serious offence than ABH. This is when an attack leaves a victim with major injuries, such as deep cuts, broken bones or concussions. Suspects are deemed to have foreseen that their actions would cause physical harm, though perhaps not the full severity of the resulting injury. Under Section 20 of the Offences against the Person Act, sentencing can range from a community order to five years’ imprisonment, although discriminatory assaults carry more severe sentences.
Grievous Bodily Harm with Intent (Section 18 Assault)
UK law distinguishes between reckless and intentional harm and therefore recognises two different types of grievous bodily harm. A grievous bodily harm Section 18 assault under the Offences against the Person Act involves intentionally causing the resulting harm. It is the most serious non-fatal violent offence in England and Wales and carries a maximum sentence of life imprisonment. Courts adjust sentences based on aggravating factors, such as discriminatory assaults, use of a highly dangerous weapon and previous convictions.
What Happens When You Are Accused of Assault?
If you are accused and investigated for violent behaviour, it is crucial to get legal representation from an assault and battery solicitor, ABH solicitor or GBH solicitor as soon as possible. When someone reports you for assault, you can expect the following procedure:
Response
When someone reports an assault, the police will attend the scene to talk to witnesses, check CCTV footage, gather forensic evidence and decide whether to investigate further.
Investigation
The police gather more evidence and interview the victim(s) and suspect(s). You may be arrested and held in custody or released on bail. At this point, it is possible to come to a resolution out of court, such as a community resolution (an informal outcome in which the assault does not go on your criminal record) or a caution (a formal outcome in which the assault does go on your criminal record). You are more likely to achieve such a resolution with the support of an assault and battery or bodily harm solicitor.
Charge
Depending on the seriousness of the assault, the Crown Prosecution Service will decide whether to charge you with an offence. They are likely to do this if you could realistically be convicted of the crime and a prosecution would benefit the public.
Court
When you are charged with assault, you will attend court for the first hearing, the plea hearing, the trial and the verdict and sentencing. As an ‘either-way’ offence, your assault case will either stay in the Magistrates’ Court or be transferred to the Crown Court.
Why You Need an Assault and GBH Solicitor
Being charged with assault, particularly assault occasioning grievous bodily harm, is an intimidating and stressful experience, especially when you have never been in trouble with the law. A caution or charge can have far-reaching consequences for the rest of your life, so it is important to proceed with caution and seek legal representation as soon as possible. Newtons’ assault and GBH solicitors can assist in the following ways:
Consistence Defence
Having collated the available evidence and examined the strength of the prosecution’s case, we can guide you in presenting your version of events and choosing a plea. A consistent story and police interview strategy can fortify your defence in future proceedings.
Negotiation and Advocacy
Your solicitor’s primary goal is to advocate on your behalf, protecting your legal rights and communicating with the court and prosecution to navigate potential plea deals. You can always rely on Newtons to negotiate for a fair outcome.
Proactive Case Strategy
From the moment you instruct Newtons’ assault and GBH solicitors, we work to optimise your defence. This means evaluating evidence, preparing for police questioning, briefing on cross-examination and arranging expert witnesses’ appearances in court.
Choose Newtons’ Assault and Battery Solicitors
Our expert solicitors provide clear legal guidance and loyally guide you through whichever criminal proceedings you are facing. For an assault and battery solicitor, ABH solicitor or GBH solicitor who understands what is at stake and fiercely pursues your best outcome, contact us to arrange a consultation or call 0800 038 5500 for urgent enquiries.
FAQs
When you have been arrested for assault, you should remain calm and obtain legal representation as soon as possible. Having an experienced solicitor at your side in police interviews can help you begin building a consistent defence and avoid unintentionally damaging your position in any future proceedings.
Not quite. Actual bodily harm and grievous bodily harm are types of assault, which is a reckless or intentional act that either causes another person to fear immediate unlawful violence or results in the unlawful application of physical force. However, common assault is another distinct type and involves recklessly or intentionally causing another person to fear immediate unlawful violence due to, for example, threats, raised fists or a weapon.
The difference between ABH and GBH lies in the extent of physical harm that the victim suffers. While ABH results in fairly minor injuries, such as bruises and scratches, GBH causes major injuries, such as deep cuts and broken bones. Both carry minimum sentences of a community order and maximum sentences of five years in prison. However, you may be detained for up to seven years if the assault is found to have been motivated by discrimination on the basis of a protected characteristic, such as gender, ethnicity or religion.
Having no prior convictions is a mitigating factor when you are being prosecuted for grievous bodily harm, whether reckless or intentional. The court may adjust your sentence based on the fact that this is your first offence, as well as other evidence that your GBH solicitor presents as part of your robust defence.
Yes, although the severity of the resulting injury and the intent behind the attack determine whether GBH is tried as an ‘either-way’ offence in the Magistrates’ Court or as an ‘indictment-only’ offence in the Crown Court. The potential sentence is also harsher when there is evidence that the offender was motivated by discrimination on the basis of a protected characteristic, such as gender, ethnicity or religion.
Contact our assault and GBH solicitors
We understand that navigating criminal law can feel daunting, so our highly experienced team is here to assist you through the whole process. We provide strategic, tailored advice to meet your needs and protect your interests on everything from motoring offences, domestic violence, legal representation at a police station and more.
Please get in touch with Newtons today and our criminal law solicitors will advise you on the best steps forward.