Degrees Of Assault - Assault is defined as intentionally or recklessly causing harm to another person and is charged as simple assault, ABH or GBH depending on the severity. This will depend on a number of factors, such as motivational factors and the level of injury - an ordinary assault may cause a minor injury or inconvenience in transit while GBH can seriously damage long-term health. The maximum penalty for ABH is 3 years in prison, while the maximum penalty for GBH is life imprisonment.
Assault is a complex area of law. Nick Titchener, solicitor for Lawtons, breaks down the categories the offense may fall under. Each attack case is different and the outcome depends on several factors, including:
Degrees Of Assault
It is up to the police and a team of prosecutors to interpret the details and initially assess the severity of the case and how the attack was carried out. The degree of injury caused is the main difference in determining to what degree a crime can be charged.
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Intentionally or recklessly harming another person is the general definition of assault in the UK. Attacks are often referred to as crimes against humanity. Harm includes both physical and psychological harm, including causing a person to fear for their safety.
Different types of assault - such as GBH, ABH, simple assault or battery - are each associated with a different severity, with different degrees of injury.
Serious physical injury to another person is the most serious form of assault. The crime of GBH can be committed in two ways:
GBH, whether in contravention of s.18 or s.20 OAPA, is the most serious because, in most cases, the victim of GBH is left with serious, sometimes life-changing, injuries. They may also be left with long-term wounds or injuries.
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If the violence is committed with a weapon or a similar weapon, then the offense may be classed as grievous bodily harm with intent (section 18).
Weapon equivalents are objects, objects or body parts that are not weapons themselves but can become weapons when used with intent, such as:
It is possible to inflict GBH with a single punch or blow, but the more persistent, violent or prolonged the incident, the more likely it is to find that the consequences were intended.
The use of weapons can also change the dynamics of the case. For example, if the accused person once hit a victim in the face with a blow that resulted in a broken eye, it can be seen that the serious injury was not intended. On the other hand, if a clay powder is used, breaking the eye socket is considered more intentional.
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In general, the penalties for GBH are the most severe of all assault charges. As the most serious form of attack, it shows the results. Depending on the factors of the case and the level of damage, the starting points of punishment vary from 3 years to 16 years.
Whether the crime of GBH was committed recklessly or intentionally is the primary factor in determining the appropriate range of punishment in court.
Along with other factors, such as the level of injury, the court will consider several options and determine whether non-custodial rehabilitation alternatives are reasonable compared to immediate incarceration.
If the facts of the case point to a lesser level of offence, such as the use of one hit, then the result could be as little as a community order.
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Where there are assault injuries but no serious injury, this may constitute an offense of assault causing actual bodily harm (ABH). Determining whether or not an injury should be considered serious is often a matter of subjective review. This will usually be the decision of the prosecutor or investigating police, although statutory guidelines and tests provide a basis for this assessment.
Injuries that interfere with the plaintiff's health or personal well-being may constitute "actual" injury by assault. Real damage refers to the tangible consequences caused by the attack, which means that physical and psychological injuries should only be minimal damage to health, but it must be proven.
One such example of significant harm was cited in a case where the defendant allegedly cut the complainant's hair and had a significant negative impact on the individual's well-being and confidence.
If the defendant pleads guilty or is found guilty at trial, prosecutors can impose higher penalties.
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ABH cases can be heard in the Magistrates' Courts or in the Crown Courts, as an 'any way' offence. Where the case is heard will depend on its seriousness and the consequences can range from community orders (if the person is a low risk) to a prison sentence of up to 3 years in the most serious scenarios heard by the Crown Court.
Common assault or battery usually involves the unlawful assault of a person (where they have not "quietly" consented, ie if struck in concert), but need not involve injury.
According to the letter of the law, a common assault or battery occurs when there is more than passing or minor contact. The police or prosecution do not have to prove an injury. Generally - subject to some exceptions - the plaintiff will choose not to pursue the case if there is no damage at all because it would not be in the interest of justice.
Generally, most minor assaults that cause minor injury or temporary discomfort or pain will be judged as simple assault.
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Common assault is the only 'main' offense of assault which is summary only, meaning it can only be heard in a magistrates' court, unlike ABH offenses which can be heard in a magistrates' court or Crown Court.
Where ABH is caught in a court of law, it will often be convicted of common assault in the same manner, with the focus of consideration being the circumstances and aggravating and mitigating factors. The maximum penalty for common assault is 6 months in prison and the minimum is life imprisonment. This is usually around 50% of the individual's weekly income.
If you are arrested by the police on suspicion of assault, your first step should be to seek professional legal representation, as the police begin building a case against you from the moment you are arrested. The Lawtons team is available 24 hours a day to represent accused persons to protect your rights and help you achieve a favorable outcome. We have a team of specialist defense lawyers in London, Hertfordshire, Bedfordshire and Essex.
Note: This guide is intended to provide general information only and is not intended to be used as a basis for advice, nor should it be used as specific advice for a particular case or individual.
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Lawtons accepts no responsibility for anyone using this guide. If you require specific advice regarding a specific case or situation, please contact us so that we can provide specific legal advice and assistance.
Nick Titchener, of London-based solicitors Lawtons, has extensive experience in a range of serious legal cases, including sexual offences, violence and abuse. Thanks to his measured and methodical approach, Nick is able to make progress even in complex cases.
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The severity of the penalties for GBH depends on whether the attack was intentional or reckless. The maximum penalty for willfully committing GBH is imprisonment.
A punch to the face is usually considered GBH with one punch. Check out the graphic above to find out where this falls on the scale of severity for each type of assault offense.
Depending on the severity of the assault and the type of weapon used, assault with a firearm is often categorized as GBH, the most serious level of assault. This includes using the synonym weapon - objects, objects or body parts that are not weapons in themselves but can become weapons when used with intent.
There is no single definition of aggravated assault because there are several different factors that can lead to an assault being considered "aggravated." However, racist attacks are charged as some of the most serious - a racist GBH offense will carry the highest penalty.
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Battery is a type of assault. Of the various types, it is generally considered the least serious and the offenses carry relatively low penalties. More severe forms of seizures are generalized seizures, ABH
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