Our barristers are experienced in defending allegations of all types of assault ranging from common assault to more serious grievous bodily harm allegations. 

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Assault charges arise out of everyday situations such as fights on nights out, assaults between family and friends The most serious assaults involving gang violence and use of weapons such as knives. 

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Often assault charges occur in a domestic setting;  we understand the difficulties which can arise with allegations in these circumstances. 

 

The more serious allegations of assault will be dealt with in the Crown Court.

 

Section 39 Assault (Common assault/battery/assault by beating)

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A section 39 assault the is the term for common assault, battery and assault by beating. They are the least serious form of assault and are when there is an assault but no injury. Strictly speaking, a common assault is when there has been no actual contact and the victim has been ‘caused to apprehend immediate unlawful violence.’ A battery or assault by beating is when there has been contact but no injuries caused.

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Section 47 Assault – Actual Bodily Harm (ABH)

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The offence is committed when a person assaults another, thereby causing Actual Bodily Harm (ABH). This can even had led to a relatively minor injury such as a bruise or graze. 

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Section 47 Assault is an either way offence which means it can be dealt with in the Magistrates’ Court or the Crown Court.

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In the Crown Court the offence carries a maximum sentence of five years imprisonment. There are sentencing guidelines for all assault offences and our barristers will be able to advise you where your case falls within those guidelines.

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Section 20 Assault – Unlawful Wounding/Grievous Bodily Harm (GBH)

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Section 20 Assault involves grievous (or really serious) bodily harm or a wound. 

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This offence is committed when a person unlawfully and maliciously, either wounds another person; or inflicts grievous bodily harm upon another person.

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A wound means a break of the skin but a charge under this section reflects a serious wound such as injury resulting in permanent disability, loss of sensory function, broken bones, injuries that cause substantial loss of blood, or serious psychiatric injury.

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It is an either way offence which means it can be dealt with in the Magistrates’ Court, or the Crown Court. The offence carries a maximum penalty on indictment of five years imprisonment and/or an unlimited fine. 

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Section 18 Assault – Wounding/Grievous Bodily Harm (GBH) with intent

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The most serious offence of violence is Section 18 grievous bodily harm - also be known as wounding with intent. This offence is indictable only, which means it can only be dealt with in the Crown Court. The maximum sentence is life imprisonment.

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The difference between an offence of section 18 assault and section 20 is one of intent. Factors that may suggest the intent necessary for section 18 assault include whether the assault was planned, a weapon had been deliberately chosen or prior threats had been made. 

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Defences

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The most common defence to a charge of assault is self-defence. Our barristers will be able to advise you whether a defence of self-defence is available to you based on their expert knowledge. It is also important to have a barrister from the outset as they may be able to advise and negotiate with the prosecution about the charges you face and whether a lesser charge could be considered.

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