To read more about defending domestic assault and battery case, visit these pages for further reading. A. If charged with ABH, the case may be heard in either the Magistrates’ or the Crown Court, and if convicted, the maximum sentence can be five years’ imprisonment. In general, an assault charge is levied when a person tries to inflict physical harm on another person, inflicts harm on purpose, or causes non-accidental bodily harm while using a deadly weapon. A Solicitor will listen to your account of the events and help you understand what the prosecution might do during any hearings or a trial, as well as advise you on what consequences you might face. It can still be prosecuted two ways, with a summary conviction and a maximum penalty of 18 months in jail, or, if it is prosecuted as an indictable offense, up to 10 years in prison. Importantly, these charges apply even if you aren’t the person being arrested. If violence is used in the Common Assault, the charge is more serious and is likely to be considered ‘battery’, or ‘Assault by Beating’. Indeed, what counts as Assault against one person may not count as Assault against another. If your assault happened in the context of a fight, this does not mean that you cannot lay a charge of assault, but you need to be aware that you may also be charged with assault for your part in the incident. Actual Bodily Harm (ABH) involves the causing of physical harm to the victim. If you push, grab, or spit at someone; this, too, is considered Assault by Beating. In most jurisdictions, the threat of injury must be more than just verbal in order to count as assault. This category only includes cookies that ensures basic functionalities and security features of the website. For someone facing an Assault charge, this can make the criminal charging and trial processes very confusing. In plain language, you can be found guilty of Common Assault if you hurt another person or if you make that person think that they might be about to suffer harm. For example, if a defendant calls someone on the phone and says he's going to hit the call recipient with a bat, this may not count as assault. A person charged with a common assault first offence is likely to receive a fine rather than a custodial sentence. This way, you’ll be more prepared at each step of the journey and give yourself a better chance of achieving a positive outcome. Sentencing for Unlawful Wounding varies significantly, but the maximum term of imprisonment is five years. If this happens and you disagree with the officer’s decision, you can ask to speak to the officer’s supervisor. Nicole’s thirst for knowledge inspired her to become a wiseGEEK writer, and she focuses We also use third-party cookies that help us analyze and understand how you use this website. When an assault happens, some people are afraid to file charges on their assailants for fear of retribution. Special characteristics of the alleged perpetrator and victim are also taken into account. When a person faces an assault charge, it basically means he is accused of inflicting bodily harm on another person or making another party fear bodily harm. If you are one such person who has been charged with Assault, having reliable information about the various types of assault is a good first step in understanding what comes next. These cases are always heard in the Crown Court. The exact laws that apply to assault charges may vary from jurisdiction to jurisdiction, however. Moreover, assault charges can be based purely on even an oral threat. Almost every convicted rapist or murderer has an assault charge in his or her past. If he doesn't get help or see where he did wrong, eventually the crime may escalate to rape or murder. These cases are usually heard in the Magistrates’ Court but may be heard in the Crown Courts if they are particularly violent or involve aggravating factors, such as racist remarks. Likewise, drugging another party intentionally and without his permission is often grounds for an assault charge. In some cases, assault charges are applied because a defendant harmed a particular type of person or used certain means of inflicting harm. If you have a legal issue, you should contact a lawyer for advice regarding your own individual situation. Secondly, it can be committed without even touching another whereby it involves ‘any act by which a person intentionally or recklessly causes another person to … Unlawful wounding or inflicting grievous bodily harm. Contacting the firm does not establish a solicitor-client relationship, and you are requested to not send any confidential information to the firm until a solicitor-client relationship has been established. If you're a victim of domestic violence, you may be wondering whether you want to file a civil suit against your abuser, even if there's a criminal charge already filed. Spitting on someone is a good example of this: being spat on does not really harm anyone in the long-run, but it still counts as Common Assault. Common Assault offences cover both intentional and reckless (sometimes construed as ‘accidental’) actions. Common assault carries a maximum penalty of six months in prison and/or a fine. An accused person may be waiting in custody for hours before a bail hearing occurs and a judge may detain someone depending on a number of factors including the seriousness of the allegations. 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. Your family life may be ruined as well. This is a serious offence, as if your words or actions are committed with the intent of stopping the arrest, you can receive a sentence of up to two years imprisonment. This includes an off-duty police officer who may be conducting an arrest if they happen to be on the scene of a crime. When you visit your local police department, the police officer in charge of your case will file an assault report. If he is in the victim's presence, however, and says he's going to hit him with a bat that he is brandishing in his hand, this may count as assault. Under English law, there are three main types of Assault: Common Assault, Actual Bodily Harm (ABH) and Wounding / Grievous Bodily Harm (GBH). GBH is charged where an Assault involves serious physical harm, but that harm need not be permanent or particularly dangerous. For someone facing an Assault charge, this can make the criminal charging and trial processes very confusing.\n\nFor the most part, Assault Offences are contained in the Criminal Justice Act of 1988 and the Offences Against the Person Act of 1861, but other statutes may apply to your case if there are special circumstances (such as if your case involves an Assault against a police officer). When not writing or spending time Upon re… There is always a chance that you will be charged, even if you are the abused partner. What is the punishment for common assault and/or battery? Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. THE MOJ AND THE FIGHT AGAINST REOFFENDING. GBH may also be charged where the victim suffers psychiatric injury or where they are knowingly given an infection, such as a sexually transmitted disease. Because of this, even a minor injury can be viewed as Common Assault. You can’t sue someone for a threat made for the future because words on their own are not enough for an assault charge. Failing to act quickly means that you reduce your chances of defending yourself in the best way possible and only with a Solicitors expert advice, experience and knowledge can you maximise your chances. If the police decide to lay charges against an alleged abuser, the victim does not have the right to have the charges dropped, even if they called the police in the first place. of any person; or. Stuart Miller Solicitors assume no responsibility for the accuracy and correctness of the contents of this website or for any consequences of relying on it. The case may be heard either at the Magistrates’ or Crown Court. An assault charge is a type of criminal charge. In a civil assault, there are no charges laid by the police and there is no criminal record if you are found liable in civil Court. 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