What are the different types of assault in UK law?

There are several criminal offences that may be called "assault" in the UK. The offence you may be charged with will depend on the alleged harm inflicted, the intent behind it, and the circumstances surrounding the incident. The main types of assault offences include:

• Common Assault: Common assault is the least severe form of assault and includes any act where a person intentionally or recklessly inflicts immediate unlawful violence on another. When common assault involves actual physical contact, it is sometimes referred to as battery. This could include slapping, pushing, or other minor physical acts. It does not require physical contact; the mere threat of violence can constitute common assault. This type of offence carries lower penalties than others, and will be tried by a Magistrates' Court.
• Assault Occasioning Actual Bodily Harm (ABH): ABH occurs when an assault results in some physical harm to the victim. This typically means injuries that require medical attention, such as bruises, cuts or minor fractures, and does not include harm that is transient or trifling. The prosecution must prove that the defendant intended to cause harm or was reckless as to whether harm would result from their actions, but there is no need to prove they intended to cause serious injury to secure a conviction.
• Grievous Bodily Harm (GBH) - Section 20: GBH is divided into two categories under the Offences Against the Person Act 1861. Section 20 GBH, also called Inflicting GBH, involves unlawfully and maliciously inflicting grievous bodily harm or wounding another person. Examples of bodily harm that might be considered grievous include deep cuts, broken bones, or injuries with long-term consequences. The offence is based on recklessness, where the defendant may not have intended to cause serious harm but acted without heed to any potential danger.
• GBH - Section 18: Section 18 GBH is the most serious form of assault and involves causing grievous bodily harm or wounding another person with the specific intent to cause serious injury. Section 18 GBH is an indictable-only offence, meaning it can only be tried in a Crown Court, and comes with more serious potential penalties than Section 20 GBH.
• Aggravated Assault: This is an assault that is accompanied by circumstances that make it more severe, such as the use of a weapon or if the assault is against a vulnerable person. It can also include Racially or Religiously Aggravated Assault, where the assault is motivated by hostility towards the victim’s race or religion. Penalties depend largely on the aggravating factors involved in the situation, but these offences are generally treated more harshly than common assault.

Solicitors at Tyler Hoffman can discuss your circumstances at the outset of an investigation to help you evaluate the type of assault you are likely to be charged with. We represent clients during police station interviews and in court, and can use this not only as an opportunity to mount a defence, but to assess the progress of the prosecution's case and predict what the next steps will be.

What are the differences between actual bodily harm/ABH and grievous bodily harm/GBH?

The fundamental differences between ABH and GBH are the level of harm to the victim and the perpetrator's intent when committing the act. Actual bodily harm refers to injuries that are more than trivial but not as severe as those involved in GBH. Examples include bruises, minor fractures, or superficial cuts.

The harm must be significant but not necessarily serious. If the injuries do not require medical attention, they may not be considered sufficient for ABH. On the other hand, if they involve serious permanent damage or life-threatening conditions, this is likely to be GBH or even a more serious offence. An altercation where someone is punched and receives a black eye, a broken nose or requires stitches, but does not suffer any serious, long-term injury, might constitute ABH.

GBH involves much more severe injuries than ABH. The term "grievous" refers to severe bodily harm that can have long-term consequences. Examples include broken bones, deep wounds, permanent disfigurement, or injuries that cause significant impairment of bodily functions. GBH can also encompass life-threatening injuries or those that result in long-term or permanent disability. For example, an attack that results in the victim suffering a broken limb, a deep stab wound, or brain damage would be classified as GBH.

ABH can be tried in either a Magistrates' Court or a Crown Court, depending on the severity of the case. Section 20 GBH may also be tried in either court, but Section 18 GBH is an indictable-only offence, meaning it can only be tried in a Crown Court.

What are the potential penalties for assault?

Penalties for assault vary depending on the individual circumstances of each case, but can include a prison sentence, a fine or community order, or some combination of these. The maximum penalty for common assault, which is the most minor offence, is up to six months' imprisonment and/or an unlimited fine. For ABH and Section 20 GBH, the maximum sentence is up to five years in prison. Section 18 GBH and other more serious offences carry a potential maximum penalty of life imprisonment.

The courts take into account various factors during sentencing. These include the severity of the victim's injuries, the intent behind the assault, whether a weapon was used, the vulnerability of the victim, and whether there were any aggravating circumstances like racial or religious hostility. Your solicitor can also present mitigating circumstances to potentially reduce the sentence. If you have shown genuine remorse and have a lack of previous convictions, for example, this may be raised in your defence.

How can assault defence solicitors help me?

At Tyler Hoffman, our approach to assault defence differs according to the specifics of our client's circumstances. Our specialist team of assault and battery lawyers can deal with even the most complex and serious of cases to make sure every defendant's rights are protected. We can represent you in dealings with the police, help you to collect evidence that supports your defence, build a case on your behalf and offer legal representation in court if this proves necessary.

Working with an experienced criminal defence solicitor throughout this process can make the biggest difference to your chances of achieving the best outcome. Contact Tyler Hoffman Solicitors today to learn more about our criminal defence services and how we can help you.

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