What is Assault?
Assault is a charge that does not require actual physical contact or harm. To prove a case of Common Assault, it must be shown that a person has intentionally or recklessly caused another person to fear immediate violence, even through words alone. When physical violence is involved, it is referred to as “Common Assault by Beating.” There are several potential defenses for assault, allowing reasonable force under certain circumstances such as:
- Self-defense or defense of another
- Defense of property
- Prevention of crime
- Lawful arrest
What are the Different Types of Assault?
Common Assault
This is the standard definition of assault where the fear of immediate violence is caused without actual physical contact.
Assaults on Emergency Workers and Public Servants
This occurs when the assault targets an emergency worker, public servant, or someone providing a public service. While the burden of proof remains the same, the sentencing guidelines can differ.
Actual Bodily Harm (ABH)
ABH involves causing minor injuries to the victim, such as grazes and scratches. Learn more about ABH here.
Grievous Bodily Harm (GBH)
GBH involves causing serious injury to the victim. Learn more about GBH here.
Assault with Intent to Resist Arrest
This occurs during an attempt to resist arrest. The burden of proof is the same, but sentencing guidelines may vary.
Hate-Related Assaults
These assaults are motivated by race, religion, or sexual orientation. The burden of proof remains the same, but sentencing guidelines may differ.
Throwing Corrosive Fluid on a Person
This involves throwing any corrosive fluid with the intent to burn, maim, disfigure, or disable someone. A guilty verdict can be reached even if the fluid does not touch the intended victim.
What are the Sentencing Guidelines for Assault?
The maximum sentence length depends on the type of assault committed. For Common Assault, the range is from a discharge to 26 weeks. This increases to 2 years for assaults against emergency workers or racially/religiously motivated attacks. Sentencing for ABH and GBH follows different guidelines. Factors influencing the length of the sentence include:
- Use of weapons or corrosive liquids
- Duration and intensity of the attack
- Victim’s vulnerability
- Role in a group activity
- Intent behind the attack
I’ve Been Arrested for Assault, What Should I Do?
If you’ve been arrested, detained at a police station, or asked to attend a voluntary interview, you have the legal right to request advice and representation from a solicitor.
At Fahrenheit Law, we provide expert legal advice and representation from experienced criminal defense solicitors at both police stations and courts. We offer a complimentary, 24-hour legal representation service at police stations. Our skilled criminal defense solicitors are based in London and the surrounding home counties, and we extend our legal assistance beyond these areas.
Contact Fahrenheit Law for immediate, expert legal support.
