What is Actual Bodily Harm (ABH)?
Actual Bodily Harm (ABH) occurs when a person intentionally or recklessly causes another to suffer unlawful violence, resulting in minor bodily damage. This minor damage can include:
- Grazes
- Scratches
- Minor bruises
- Swellings
- Reddening of the skin
- Superficial cuts
The decision to charge someone with ABH instead of assault depends on the level of violence used, the victim’s vulnerability, and the circumstances surrounding the assault.
What’s the Difference Between ABH and GBH?
The primary difference between Actual Bodily Harm (ABH) and Grievous Bodily Harm (GBH) is the severity of harm, including psychological harm. ABH involves harm that affects the victim’s health or comfort, whereas GBH results in really serious harm. Both offenses can be committed intentionally or recklessly, significantly impacting the severity of the sentence.
Sentencing Guidelines for ABH
Sentencing for ABH ranges from community orders to a maximum of 5 years in prison. Prison sentences are more likely if the assault is not a first-time offense. This can increase to 7 years if the offense is racially or hate-related, as governed by Section 29 of The Crime and Disorder Act 1998. The length of the sentence depends on various factors:
- Whether there have been previous offenses
- The length and strength of the attack
- The vulnerability of the victim
- The role in the group activity
- The intention behind the attack
What Should You Do if You’ve Been Charged with ABH?
If you or a family member are accused of ABH, it is crucial to seek legal advice immediately. Receiving the best possible guidance and providing detailed facts about your case is essential to ensuring a favorable outcome.
At Fahrenheit Law, our experienced and skilled defense solicitors and advocates are committed to offering top-notch legal advice and representation, from the police station to the courtroom. Contact us for immediate assistance and expert legal support.
