Have you been accused of assault or battery?
Assault is a criminal offence. Some types of assault are deemed more serious than others, and convictions and sentences will match.
The type of assault you could be charged with can be dependent on the circumstances of the offence, such as:
- The severity of the injuries inflicted
- Whether the assault was intentional or reckless ie. unintentional
What is common assault?
Common assault is the lowest level of assault, classified in the Criminal Justice Act 1988. The offence is ‘summary only‘ and, as such, can only be heard in a magistrates’ court. Common Assault is often called other things too, such Assault by beating, or Battery. These different terms can result in confusion, however, they all refer to the same offence.
The criminal offence of assault includes:
- Common assault
- Actual bodily harm (ABH)
- Grievous bodily harm (GBH)
- Grievous bodily harm with intent (GBH with intent)
The offence of common assault is committed when:
- A person assaults another person
- A person commits an act of battery (the intentional and reckless use of unlawful force against another)
What if there has been no injury?
No physical injury needs to take place for common assault to be committed. Common assault involves the unlawful touching of a person – where they have not ‘silently’ consented – but no injury needs to occur.
What is the sentence for common assault?
The offence of common assault carries a maximum penalty of six months in prison and/or a fine or community order. Depending on how serious the physical assault or injuries are, if it is a first offence, common assault is unlikely to result in a prison sentence, yet it will appear on criminal records.
If common assault is a repeat offence or actual violence has been proven to have been used, the offender will have higher culpability. This is also the case if there are aggravating factors involved in the offence, such as racial motivation.
If you have been accused of assault, how the case is dealt with depends on which level of offence is charged:
- Whether there has been physical contact
- The seriousness of any injuries inflicted
- If the injuries sustained were intentional
- The vulnerability of the victim
What to do if you are accused of common assault
If you are charged with common assault and are facing court proceedings, then you should appoint an expert criminal defence solicitor. Lawtons solicitors will work with you to ensure you are fairly represented and that the best outcome is achieved in accordance with the facts of the case.
For more information on legal proceedings surrounding common assault charges or to discuss an individual case in complete confidence, please do not hesitate to contact us.
FAQs about Common Assault
What is the penalty for common assault?
Can assault charges be dropped?
- A lack of sufficient evidence
- Withdrawn witness statements
- The decision to take the offence to court is not in the victim’s interest
How long does common assault stay on your record in the UK?
What if an assault is racially or religiously aggravated?