Assault

The Law. 

An assault is any act (and not mere omission to act) by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence.
Assault covers a range of actions, from using threatening words to a severe physical attack that leaves the victim permanently disabled. Offences of assault fall under the Offences against the Person Act 1861, the Criminal Justice Act 1988 and the Crime and Disorder Act 1998.
DIFFERENT TYPES OF ASSAULT
Common assault is when a person inflicts violence on someone else or makes them think they are going to be attacked. It does not have to involve physical violence or contact. Threatening words or a raised fist is enough for the crime to have been committed provided the victim thinks that they are about to be attacked. Spitting at someone is another example.
Actual bodily Harm means the assault has caused some hurt or injury to the victim. Physical injury does not need to be serious or permanent but must be more than “trifling” or “transient”, which means it must at least cause minor injuries or pain or discomfort. Psychological harm can also be covered by this offence, but this must be more than just fear or anxiety.
Grievous bodily harm means the assault has caused serious physical harm. It does not have to be permanent or dangerous. For example, a broken bone would amount to GBH – in some cases a broken bone might lead to permanent disability but, in others, it might heal without leaving any long-term effects. GBH can also include psychiatric injury or someone passing on an infection, for example through sexual activity.
Wounding requires that the victim’s skin is broken, either on their body or their inner skin (for example, inside their lip) but it does not include the rupture of blood vessels so, if the injury is just bruising, that would not amount to wounding. The injuries involved in a wounding can be less serious than those in GBH.
The GBH or wounding must be caused either with an intent to cause some injury or with knowledge that injury was likely. If it was committed with intent to cause GBH or wounding, then the offence is more serious. The maximum sentence for this is life imprisonment.
The offence is also more serious if the victim of the assault is an emergency worker. This covers police, prison officers, custody officers, fire service personnel, search and rescue services and paramedics.

We can help if you wish to plead not guilty to the offence if you did not commit the offence alleged (perhaps there is a case of mistaken identity or someone has made a false allegation against you) or you may accept that the harm was caused but you had a valid legal reason for doing so – our solicitors will be able to assess the prosecution evidence against you and advise whether you have a case to legally defend the allegation.
A person may use such force as is reasonable in the circumstances for the purposes of:
• self-defence• defence of another• defence of property• prevention of crime; or• lawful arrest.

WHAT IS THE SENTENCE/PENALTY FOR ASSAULT?
Each case is different and therefore each case is dealt with according to its own circumstances and the personal circumstances of the offender. The court can impose sentences ranging from a Fine up to a term of imprisonment, dependant on the circumstances of the matter. Our solicitors have been representing clients for over 20 years for assault matters so will be able to advise you of your likely sentence. We will assess the prosecution evidence and take your full instructions on the matter to help us clearly advise you so that you are fully prepared and do not have the anxious wait for the unknown at court.
When deciding on a sentence, the court will assess the level of harm caused and the culpability of the offender.Harm is an assessment of the damage caused to the victim by the assault. It considers how injured the victim was and whether the assault was sustained or repeated.
Culpability is a measure of how responsible the offender was in the assault. It considers whether the assault was premeditated or motivated by things like the victim’s race, disability, sexual/gender identity.
Factors such as use of weapon, targeting a vulnerable victim or which involves an abuse of power or taking advantage of a position of trust will increase the severity of the sentence. But also, some factors such as if the offender is of good character, has shown remorse, has a serious medical condition, can decrease the severity of the sentence. Also, if the defendant pleads guilty, they will receive a reduced sentence.
Lucinda Dore Criminal Assault Solicitors are highly experienced at mitigating a sentence for our clients – we will always strive the best outcome for you and our reputation proves our success at achieving this. We will advocate for you in court and robustly persuade the court to impose the most lenient sentence for you.