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What are the common assault sentencing guidelines?

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Whilst common assault is the least serious form of assault, it is not an offence that will always be treated lightly. Indeed, in some cases, a conviction for common assault can lead to terms of imprisonment.

If you are facing an accusation of common assault, it is important to understand what the offence involves and what the relevant sentencing guidelines are.

While we hope this information is useful, please note, it should not be taken as legal advice. If you need legal support with allegations of common assault, then please get in touch and our team can advise you.

What is common assault?

Common assault is an offence under section 39 of the Criminal Justice Act 1988. It occurs when a person makes another person fear that they are going to be attacked imminently. Physical violence does not have to take place, which means that common assault could merely be spitting, raising a fist or general threatening behaviour. 

What is the sentence for common assault?

The sentence for common assault can vary significantly depending on various factors. The maximum sentence for common assault is six months’ custody, but it is important to keep in mind that, if common assault is carried out against an emergency worker, or is racially or religiously aggravated, the sentences are more serious. In both of these cases, the maximum sentence is two years’ custody.

How is sentencing determined for common assault?

The sentence for cases of common assault is determined by reference to the perceived harm caused and the culpability of the alleged offender.

Harm assesses the damage that has been caused to the victim of the alleged assault, considering the circumstances and extent of the injuries.

Culpability measures the offender’s level of involvement in the alleged assault and the extent to which they should be held accountable.

Additionally, various aggravating and mitigating factors relevant to the case will also be considered by the Court, which can increase or decrease the severity of the sentence for common assault.

What does the prosecution have to prove to establish common assault?

To prove common assault, the prosecution must adduce sufficient evidence to show that:

  • A caused B to apprehend
    • immediate
    • unlawful
    • personal violence

How these points are proven will depend on the evidence available in each case. For instance, the prosecution may refer to CCTV evidence or witness testimony.

What defence is there against a charge of common assault?

There are likely to be various defence strategies that can be used if you are accused of common assault. Depending on the context surrounding the incident in question, your defence could involve arguing that the offence did not occur, that you had consent, or that there has been mistaken identity.

A defence could also be put forward to suggest that you were acting in self-defence. This can be a complicated area of law, so it is important to understand exactly how this is likely to work.

Information on when you can use self-defence as a defence in criminal law can be found here

What should you do if you are accused of common assault?

If you are accused of common assault, it is important to have a specialist criminal defence solicitor on your side. This could be crucial in impacting whether it is possible to have charges dropped, or having a sentence reduced if the conviction is unavoidable.

At J D Spicer Zeb, our criminal defence solicitors have over 45 years’ of experience in dealing with a wide range of criminal law matters, including common assault. Our wealth of expertise and knowledge is recognised through our accreditation in Criminal Litigation by the Law Society.

Our experience means that we know exactly what is required to build the strongest possible defence against allegations of common assault, including the types of evidence that will be relied on. We can identify any flaws in the case being presented against you and make sure that any evidence that supports your defence is highlighted.

We have established a strong track record of success and, from this, have been able to build strong relationships with a number of the country’s leading criminal defence barristers.

If you are facing a common assault charge, we are here to provide you with the support and representation you need.

Related matters

We also provide support and guidance on various matters that are related to common assault, including:

Related cases

Fees and funding

When you come to our team for support, we will always be clear and transparent when it comes to fees and the way your case will be funded.

If you need to attend court for your case, Legal Aid may become available in certain cases. This will be based on an assessment of your means and whether it justifies the grant of public funding.

For clients who do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.

To find out more about the way we handle fees (both Legal Aid and private fees) for common assault charges in the UK, please use the links provided below:

Contact our criminal defence lawyers today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation for common assault charges, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation for common assault

Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice for common assault.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.