Common Assault Solicitors

Being charged with the criminal offence of common assault can be an extremely worrying time.

Common assault is a serious criminal offence, which can result in a prison sentence, even for a first offence, depending on the circumstances. Understanding exactly what common assault is and what to expect if you are charged with common assault, can help to put your mind at rest and enable you to plan for the future.

Understanding the situation

Instructing criminal law experts with experience defending common assault cases is vital. By obtaining advice tailored to your individual circumstances, you can ensure that the best outcome possible is achieved, if you are charged with common assault.

Potential Sentences

Generally, prison sentences for common assault are usually reserved for instances when serious injury occurs or there is higher culpability. If the person charged with common assault has previous convictions, for example, or there are aggravating factors involved, they will have higher culpability.

What is common assault?

Common assault is one type of assault defined by the Criminal Justice Act 1988.

As well as common assault, other types of assault include:

Actual bodily harm (known as ABH)
Grievous bodily harm (known as GBH) and
Grievous bodily harm with intent

Some assaults are deemed to be more serious than others. More serious assaults will have more severe sentences following conviction and those deemed less serious normally carry lesser sentences. Common assault is the lowest level of assault.

Common assault it known as a ‘summary-only’ offence. As a result, the offence of common assault is only heard in a magistrates’ courts. The only instance where this may not be the case is if the common assault is considered to be racially or religiously aggravated. We will go into more detail about this below in the ‘aggravating factors’ section.

When is an offence of common assault committed?

Common assault occurs when one person intentionally or recklessly makes another person think that immediate and unlawful violence will be used against them or when one person intentionally or recklessly uses unlawful force against another. In the latter case, the person has committed an act of battery.

As you can see, no physical injury has to happen in order for the offence of common assault to be committed, even in the case of battery.

Common assault can include threatening gestures, such as shaking your fist at someone. Indeed, common assault can actually be solely verbal.

Can I be charged with common assault even if the person was not physically injured?

Yes, common assault does not have to include physical injury. As we touched on above, even the threat of violence can be sufficient.

What are examples of common assault?

Examples of common assault when someone has committed an act of battery (see above) include pushing, slapping or spitting. It is important to note that a physical injury does not have to have occurred for the offence to have been committed.

Other examples of common assault include verbally threatening someone with violence or using gestures to threaten someone with violence. Threatening gestures could include, for example, shaking fists or running a finger across the throat.

Is common assault a serious offence?

Yes, common assault is a serious criminal offence, which can result in a prison sentence, even for a first offence, depending on the circumstances.

What are the defences for common assault?

Common assault occurs when ‘unlawful’ force or violence is threatened or used. Unlawful means without any justification or excuse in law.

The defences potentially available to someone accused of common assault will depend on the specific facts of each case.

Self defence – where the accused claims they were attempting to defend themselves, another person or property – is the most common defence used in assault cases.

Some defences can only be used for common assault (not for the other assault offences in the Criminal Justice Act). Lawful correction – a parent disciplining their child – is an example of such a defence.

It is vital to seek legal advice specific to your circumstances to ensure that you fully understand what defences may be available to you.

How long will I spend in prison if I am found guilty of common assault?

The maximum prison sentence for common assault is 6 months. However, if the common assault is racially or religiously aggravated (more on this below), the maximum sentence is 2 years in prison.

Other penalties include a fine (maximum of £5,000) or a community order.

If this is your first offence, it is unlikely that you will receive a prison sentence. However, this depends on the seriousness of the assault or injuries.

Equally, someone may have a higher level of culpability if, for example, they threatened to use a weapon or the victim was vulnerable.

Will a common assault conviction appear on my criminal record if I don’t go to prison?

Yes, even if you do not receive a prison sentence, a common assault conviction will still appear on your criminal record.

Equally, common assault charges can sometimes show up on an enhanced DBS check. However, these charges can be filtered and, as such, it is unlikely that this will be the case (although not impossible).

Common assault: what are ‘aggravating factors’?

An aggravating factor is something which increases the culpability or severity of a criminal act.

If the attack was, for example, racially or religiously motivated, these are aggravating factors which can result in a longer prison sentence. As we discussed above, the maximum prison sentence for racially or religiously aggravated common assault is 2 years, compared to a 6 month maximum imprisonment for common assault generally.

Can common assault charges be dropped?

Only the CPS (Crown Prosecution Service) or the police can drop common assault charges. The victim cannot choose to drop the charges themselves.

Normally, the CPS or the police will only drop common assault charges when either:

A witness withdraws their statement
The evidence is insufficient
The charges are not in the best interest of the victim

What should I do if I am accused of common assault?

An experienced solicitor who has an in-depth understanding of the process will make sure that the right points are made and the process goes as smoothly as possible, so you can move on with your life.

What if there has been no injury?

If there has been no injury in a case of common assault, the offense may be considered less serious and may be punishable by a fine or a shorter prison sentence. However, even if there has been no injury, a person who is convicted of common assault may still face significant consequences, including a criminal record and a fine.

It is important to note that common assault can be charged as a summary offense or an indictable offense, depending on the specific circumstances of the case. A summary offense is punishable by up to six months in prison and/or a fine, while an indictable offense is punishable by up to five years in prison.

If you are facing charges related to common assault in the UK, it is important to seek legal representation as soon as possible. A criminal defense lawyer can help you understand the charges you are facing and provide you with the guidance and support you need to defend yourself against the charges you are facing. They can also help you understand the legal process and advise you on the best course of action to take in your case.

What factors affect the sentencing of common assault charges?

The sentence that is imposed in a case of common assault will depend on a number of factors, including the specific circumstances of the case and the laws in place in the jurisdiction where the offense was committed. Some of the factors that may be taken into consideration when deciding on a sentence for common assault include:

The severity of the offense: The severity of the offense is one of the most important factors that is taken into consideration when deciding on a sentence for common assault. Factors that may be considered when assessing the severity of the offense include the level of violence involved, the extent of any injuries caused, and the impact of the offense on the victim.
The defendant’s criminal history: A defendant’s criminal history may be taken into consideration when deciding on a sentence for common assault. If the defendant has a history of similar offenses, the sentence may be more severe.
The defendant’s level of remorse: A defendant’s level of remorse may be taken into consideration when deciding on a sentence for common assault. If the defendant shows remorse for their actions and takes steps to make amends, the sentence may be more lenient.
The defendant’s age: The age of the defendant may be taken into consideration when deciding on a sentence for common assault. If the defendant is a minor, the sentence may be more lenient.
The defendant’s personal circumstances: The personal circumstances of the defendant may be taken into consideration when deciding on a sentence for common assault. Factors that may be considered include the defendant’s family and employment situation, as well as any mental or physical health issues that the defendant may have.

It is important to note that the specific factors that are taken into consideration when deciding on a sentence for common assault will depend on the specific circumstances of the case and the laws in place in the jurisdiction where the offense was committed. If you are facing charges related to common assault in the UK, it is important to seek legal representation as soon as possible.

What to do if you are accused of common assault

If you are accused of common assault in the United Kingdom, it is important to take the allegations seriously and to seek legal representation as soon as possible. Common assault is a criminal offense that is punishable by up to six months in prison and/or a fine, and it is important to take steps to defend yourself against the charges you are facing.

Some steps you may want to consider taking if you are accused of common assault include:

Seek legal representation: It is important to seek legal representation as soon as possible after you are accused of common assault. A criminal defense lawyer can help you understand the charges you are facing and provide you with the guidance and support you need to defend yourself against the charges.
Gather evidence: If you are accused of common assault, it is important to gather any evidence that may be relevant to your defense. This may include witness statements, photos or videos of the location where the offense is alleged to have taken place, and any other documentation that may be relevant to your case.
Prepare a defense: Your criminal defense lawyer will work with you to prepare a defense strategy that is tailored to the specific circumstances of your case. This may include challenging the evidence against you, presenting evidence in your defense, or negotiating a plea bargain with the prosecution.
Attend court: If you are charged with common assault, you will be required to attend court to enter a plea. It is important to attend all court hearings and to follow the instructions of your lawyer.

If you are accused of common assault, it is important to remember that you have the right to defend yourself against the charges you are facing.

What is the penalty for common assault?

Common assault is a criminal offense that is punishable by up to six months in prison and/or a fine. The sentence that is imposed in a case of common assault will depend on the specific circumstances of the case and the laws in place in the jurisdiction where the offense was committed.

Some of the factors that may be taken into consideration when deciding on a sentence for common assault include the severity of the offense, the defendant’s criminal history, the defendant’s level of remorse, the defendant’s age, and the defendant’s personal circumstances.

Can assault charges be dropped?

In some cases, it is possible for assault charges to be dropped before a case goes to trial. This may occur if the prosecution decides that there is insufficient evidence to support the charges, or if new evidence emerges that undermines the case against the defendant.

If you are facing assault charges and you believe that the charges should be dropped, it is important to seek legal representation as soon as possible. A criminal defense lawyer can help you understand the charges you are facing and provide you with the guidance and support you need to defend yourself against the charges you are facing. They can also help you understand the legal process and advise you on the best course of action to take in your case.

It is important to note that the decision to drop assault charges is made by the prosecution, not the defendant. If the prosecution decides to drop the charges, it is not because the defendant has admitted guilt or agreed to a plea bargain. Instead, it is because the prosecution has determined that there is insufficient evidence to support the charges or that the case against the defendant is not strong enough.

If you are facing assault charges and you want to try to get the charges dropped, it is important to work closely with your lawyer to develop a strong defense strategy. This may include challenging the evidence against you, presenting evidence in your defense, or negotiating a plea bargain with the prosecution.

How long does common assault stay on your record in the UK?

The length of time that common assault stays on your record will depend on the specific circumstances of your case and the laws in place in the jurisdiction where the offense was committed.

If you are convicted of common assault and you receive a prison sentence, the offense will stay on your criminal record indefinitely. If you receive a fine or a community sentence, the offense will generally stay on your criminal record for five years from the date of conviction.

It is important to note that even if the offense is removed from your criminal record after five years, it may still be possible for the police or other authorities to access the information if it is deemed relevant to a current investigation.

If you are concerned about the impact that a conviction for common assault will have on your future, it is important to seek legal representation as soon as possible.

What if an assault is racially or religiously aggravated?

If an assault is racially or religiously aggravated, the offense is treated more seriously and is punishable by more severe penalties.

Under the Crime and Disorder Act 1998, it is an offense to commit an assault that is racially or religiously aggravated, or to commit an assault that is intended to cause harassment, alarm, or distress and that is racially or religiously aggravated. This offense is punishable by up to six months in prison and/or a fine.

If an assault is racially or religiously aggravated, the sentence that is imposed will depend on the specific circumstances of the case and the laws in place in the jurisdiction where the offense was committed. Some of the factors that may be taken into consideration when deciding on a sentence for a racially or religiously aggravated assault include the severity of the offense, the defendant’s criminal history, the defendant’s level of remorse, the defendant’s age, and the defendant’s personal circumstances.

If you are facing charges related to a racially or religiously aggravated assault in the UK, it is important to seek legal representation as soon as possible.

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