For a first offence, a fine and or community order may be imposed. If the offender has previous convictions or if there are aggravating factors, a prison sentence is more likely.
If, for instance, someone head-butts the victim and they then break their nose, a lesser charge under Section 20 is likely. However, if someone head-butts the victim intending them to sustain really serious harm, for instance, by breaking their nose — a charge under Section 18 is likely.
A conviction under Section 20 carries a maximum sentence of five years, while a conviction under Section 18 could result in a life sentence. In practice, the sentencing range is from 3 to 16 years depending on the circumstances and any aggravating factors. If you are found guilty of common assault, the consequences are severe. Nick Titchener, director and solicitor advocate at Lawtons Solicitors, discusses this complex area of the law and its implications.
Criminal accusations of any type are unnerving, extremely stressful and often demeaning. Accused individuals are often fearing the worst given the outcomes that can happen, even when the factors of a case mean that a strong defence case can be compiled with expert advice.
Assault is a term used to describe any offence committed against another person. Sentences for assault are highly variable, even within specific offence titles. An act of common assault could be punishable by a nominal fine, or up to a maximum sentence of 6 months in custody.
Crown Court judges have the power to issue more severe consequences, upwards of the 6-month maximum term. The courts apply these factors in accordance with the guidelines that they are given. When courts are seeking to assess the culpability of an accused individual, they are considering the level of blame of the offender during the offence itself. A similar approach is adopted by the courts when they are considering the harm that is caused. Once the offence of common assault is categorised by the level of culpability and harm, then a more specific starting point for sentencing category can be determined:.
The sentencing ranges that are applied are subject to change and sentencing becomes tailored to the circumstances of the case and also those of the individual. If a person has previous criminal convictions, this in itself can move an offence from one category to another. The key is to ensure that an expert in assault cases is advising the accused from the outset, to ensure that the right points are made and the best outcome achieved. Like common assault charges, if the offence is found to be racially or religiously motivated, the Sentencing Guidelines Council suggests that more severe punishments are appropriate.
Death by Dangerous Driving. Blackmail and Extortion. Perverting The Course Of Justice. Organised Crime. Implications of Assault Charges If you have been accused of assault, this means that you are suspected of inflicting physical harm or threatening to inflict physical harm against another individual.
The maximum sentence for ABH is five years in custody. How long can the police hold you for an assault charge? What is the maximum sentence for an assault charge? Send us a message. Call Us. ABH is an either way offence , which means that an actual bodily harm charge can be dealt with in either the Magistrates Court or Crown Court , depending on how serious the case is.
The charge is so serious, that if you are guilty of the offence there is a very high risk of being sent to prison. This makes it even more important that you are represented by a solicitor who can explain the best way to present your case, and who will act in your best interests. If they think the case is too serious for this sentence, the case will be dealt with by the Crown Court which can impose up to 5 years.
If you, or someone you know, are accused of this offence , contact us to see how we can help you. Offering specialist advice and representation on S.
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