Common assault sentencing guidelines: what sentence will you actually get?

If you have been charged with common assault in England or Wales, the most pressing question you’re likely to have is what sentence you will receive.

The common assault sentencing guidelines issued by the Sentencing Council decide that, and they depend on two factors: how culpable the court finds you, and how much harm was caused. Most people convicted of common assault are not sent to prison, but it is not entirely out of the question. This page sets out where that line falls.

In short: common assault is a summary offence in England and Wales carrying a maximum of six months' custody, an unlimited fine, or both. Sentence is set using the Sentencing Council's common assault guideline, which grades the offence by culpability (A or B) and by harm (1, 2 or 3), and the combination of the two fixes the Magistrates' starting point. The overall range runs from a conditional discharge or a low-level community order at the least serious end to 26 weeks' custody at the most serious. A first offence involving no significant injury will usually end in a fine or a community order rather than prison.

Not sure how serious your charge is? Ask us before your police interview, not after. The first call costs nothing and carries no obligation. Speak to our criminal defence solicitors today.

What is common assault?

Common assault is an offence under Section 39 of the Criminal Justice Act 1988. It is defined as an act where a person intentionally or recklessly causes another to suffer or apprehend immediate fear of unlawful violence. It is committed when a person intentionally or recklessly causes another person to apprehend immediate unlawful violence. No physical contact is required. Examples may include raising a fist or lunging towards someone in circumstances where they believe they are about to be struck.

It is the least serious assault offence, sitting below actual bodily harm (ABH) and grievous bodily harm (GBH), but it is not treated as trivial.

Everything on this page applies to England and Wales. Scotland and Northern Ireland have separate assault offences and separate sentencing arrangements.

Section 39 assault: the same offence under a different name

Section 39 of the Criminal Justice Act 1988 covers both common assault and battery. Battery is usually charged as “assault by beating”. Therefore, if your charge sheet refers to section 39, it is important to check whether the allegation is common assault or assault by beating.

Assault by beating and battery: what these terms mean

Battery (assault by beating) is a variation of common assault. The distinction between the two offences is that common assault can be made out by threat alone, whereas assault by beating signals that force was applied.

Common assault where there was no injury

There does not need to be an injury, or even contact, for both common assault and battery. Raising a fist, spitting, or threatening someone so they believe they are about to be struck can be enough. In the absence of injury, the offence usually falls into the lowest harm category, which is why many such cases end in a fine or a discharge.

What is the maximum sentence for common assault?

The sentence for common assault can vary depending on the circumstances. The statutory maximum is six months' imprisonment, an unlimited fine, or both. Because the offence is summary only, it is dealt with in the Magistrates' Court and cannot be sent to the Crown Court for trial or sentence, with one exception: a common assault count can be joined to an indictment where it arises from the same facts as an indictable offence already being tried there.

The common assault sentencing guideline: culpability, harm and categories

The sentence for cases of common assault is determined by reference to the perceived harm caused and the culpability of the alleged offender. Magistrates assess culpability first, then harm, then read the starting point off the combination of the two.

Culpability is graded A or B:

• A (High culpability)
• B (Lesser culpability)

Harm is graded 1, 2 or 3:

• Category 1: more than minor physical or psychological distress
• Category 2: minor physical or psychological harm/distress
• Category 3: no/very low level of physical harm and/or distress

The combination gives six categories, from 1A down to 3B. The higher the culpability and harm, the more serious the corresponding punishment will be.

What moves your sentence up or down

Once the starting point is set, the court adjusts it. Sentences commonly increase for previous convictions, offending on bail, a domestic context, hostility based on race, religion, disability, sexual orientation or transgender identity, the presence of children, or intoxication.

Sentences can be reduced for genuine remorse, good character, an isolated incident, a serious medical condition, a mental disorder or learning disability, being a sole or primary carer, and provocation falling short of a defence.

Credit for a guilty plea is applied last. A plea at the first reasonable opportunity attracts the maximum reduction of one third, tapering the later it is entered.

Your culpability category is heavily influenced by what is said in the police interview, which happens long before you see a courtroom. Once an account is on tape it is very difficult to move. If you have been charged, or invited to a voluntary interview, get advice today. Talk to our common assault defence team.

Common assault as a first offence: what usually happens

For a first-time offender where there is little or no injury and no significant aggravating features, the sentencing guideline will often point towards a non-custodial sentence. These cases typically resolve as a fine, a conditional discharge or a community order, and some do not reach court at all: the police may offer a conditional caution or a community resolution instead.

Two points are routinely missed. A caution is not a let-off; it is an admission of guilt, recorded and disclosable on an enhanced DBS check. And a conditional discharge is still a conviction: offend again within the period the court sets, and you can be brought back and sentenced for the original offence too.

Aggravated forms and assaults on emergency workers

Two variants of common assault carry higher maximums and are sentenced under related guidelines. Racially or religiously aggravated common assault, under the Crime and Disorder Act 1998, can be dealt with in the Crown Court.

Assault on an emergency worker is a separate offence with its own maximum, covered in our guide to assault on an emergency worker.

One term worth clearing up: "aggravated assault" is American terminology, not an offence here. The nearest equivalents are the aggravated forms above, or actual bodily harm and grievous bodily harm.

From charge to sentence: what happens and when

1. Police interview. Under caution, after arrest or as a voluntary attender. You are entitled to free legal advice at the station, whatever your means, and what you say here shapes the culpability assessment later.
2. Charge or no further action. The police or the Crown Prosecution Service decide whether the evidential and public interest tests are met. Cases do get dropped at this stage: see our guide on getting the CPS to drop the charges.
3. First hearing. Usually within weeks, in the Magistrates' Court. You enter a plea, and sentence can follow immediately on a guilty plea to a straightforward matter.
4. Trial. If you plead not guilty, the case is listed before magistrates or a district judge, typically months later.
5. Sentence. The court applies the guideline, adjusts for aggravating and mitigating factors, then applies plea credit.

What does the prosecution have to prove?

To prove common assault, the prosecution must prove beyond a reasonable doubt that you committed an intentional or reckless act that caused another person to suffer or apprehend immediate fear of unlawful violence.

Two elements are more contestable than people expect: "immediate" must be made out on the facts, and apprehension is judged from the complainant's perspective, so what they actually believed matters. Where the case is one account against another, the quality of the evidence the prosecution relies on is critical.

What defences are there to a common assault charge?

There are likely to be various defence strategies available if you are accused of common assault. The most common are self-defence, where reasonable force was used to protect yourself or another; consent, available in limited circumstances such as properly conducted sport; lack of intention or recklessness; and factual disputes about identity or about what actually happened.

Excessive self-defence is not a complete defence, but it reduces culpability to category C, which materially lowers the starting point.

Fees and funding

Common assault cases in the Magistrates' Court are often covered by criminal legal aid, and advice at the police station is free to everyone regardless of income. Where legal aid is not available we offer fixed fees, so you know the cost before you commit. We will tell you which applies on the first call.

Frequently asked questions

Can you go to prison for common assault?

Yes, but it is not the usual outcome. The maximum sentence is six months' custody, and immediate custody is generally reserved for cases combining higher culpability with more than minimal harm, or for offenders with relevant previous convictions.

Will I go to jail for a first offence of assault in the UK?

A first offence causing no significant injury is unlikely to result in immediate custody. Courts treat a genuinely isolated, out-of-character incident as mitigation. Aggravating features such as a domestic context, a weapon or strangulation can change that even for a first offence.

Can you get a caution for common assault?

Yes. A simple or conditional caution, or a community resolution, can be offered where you admit the offence. It avoids court, but it is not a clean outcome: it is recorded and can be disclosed on an enhanced DBS check for years.

What punishment do you get for common assault?

The realistic outcomes are a conditional discharge, a fine set by band, a community order with requirements such as unpaid work, or custody of up to 26 weeks in the most serious cases. Compensation and a victim surcharge are frequently added.

Is common assault worse than assault?

Common assault is the legal term used to refer to the least serious form of assault. The more serious offences are actual bodily harm and grievous bodily harm, which require injury of a different order.

Will a common assault conviction show on a DBS check?

Yes. It appears on a basic DBS check until it is spent, and on standard and enhanced checks for considerably longer. This is the consequence that affects most of our clients long after the sentence is finished, and a reason to defend a charge properly rather than plead guilty for speed.

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.

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