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What is the sentence for assault?

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As you may expect, sentences for assault can be very harsh. However, they can also vary significantly depending on a wide range of factors, including the exact offence someone is charged with.

Assault can cover various actions, ranging from simply using threatening words, to physical attacks which cause serious injuries to a victim. It is therefore extremely important to understand what the different types of assault are, and what assault sentences look like in the UK.

Here, we discuss sentencing for assault in detail, covering the potential sentence for common assault, ABH, and GBH, as well as the factors that are likely to affect the maximum sentence for assault that could be handed out.

What are the different types of assault?

As per Sentencing Council, there are three types of assault offence to be aware of. These are:

  • Common assault
  • Actual bodily harm (ABH)
  • Grievous bodily harm (GBH)/ wounding (with or without intent)

Assault offences will fall under the Offences against the Person Act 1861, the Criminal Justice Act 1988 and the Crime and Disorder Act 1998.

What is common assault?

The offence of common assault involves a person intentionally or recklessly inflicting violence or threatening to inflict violence on another person. It is important to note that physical violence does not need to take place for a common assault charge to be brought forward.

Actions such as battery, spitting, verbal abuse, brandishing a weapon or raising fists could all amount to common assault.  Assault by beating is also a form of common assault which involves physical battery.

What is actual bodily harm (ABH)?

Actual bodily harm (ABH) is an assault that causes harm to another person’s body. While the lines can often become blurred, guidelines state that the physical injury in an ABH case do not need to be serious or permanent. Rather, they will be minor injuries which at least cause some pain or discomfort.

Physiological injuries can also stem from ABH, but they must be more than just fear or general anxiety.

What is grievous bodily harm (GBH)?

Grievous bodily harm (GBH) results in serious physical harm being caused to a victim as a result of a physical assault. It will often include injuries where a victim is caused permanent disability, loss of sensory functions, disfigurement, broken bones, substantial blood loss or serious psychiatric injuries.

GBH can also involve acts of wounding. Wounding requires a victim’s skin to be broken, either on their body or their inner skin.

GBH can also be committed with or without intent. The sentences for both of these types of GBH are different.

How long do you get for assault?

The sentence for assault you could receive will vary depending on the type of offence you are accused of committing, as well as whether there are any aggravating or mitigating factors which need to be taken into consideration.

What is the sentence for common assault?

Sentences for common assault are issued under Section 39 of the Criminal Justice Act 1988. The maximum sentence for common assault is six months’ custody, while the common sentence range is a discharge through to 26 weeks’ custody.

It is important to note that aggravated assault sentences are treated differently. Racially or religiously aggravated common assaults are dealt with under Section 29 of the Crime and Disorder Act 1998.

Racially or religiously aggravated assault sentences are more serious. The maximum sentence for racially or religiously aggravated assault is two years’ custody.

What is the sentence for ABH?

Assault sentences for ABH are handled under Section 47 of the Offences Against the Person Act. The maximum sentence for ABH is five years’ custody, while the sentence range is a fine through to four years’ custody.

Again, racially or religiously aggravated ABH is dealt with under Section 29 of the Crime and Disorder Act 1998. The maximum sentence for racially or religiously aggravated ABH is seven years’ custody.

What is the sentence for GBH?

The sentences for GBH will vary depending on whether it can be shown that there was intent.

Causing GBH with intent and wounding with intent to cause GBH carry a standard sentencing range of 2–16 years’ custody with a maximum possible sentence of life imprisonment for the most serious offences.

By way of contrast, causing GBH without intent has a sentence range of a community order through to four to six months’ custody. The maximum sentence you could face for causing GBH without intent would be five years’ imprisonment.

What is the maximum sentence for assault?

The maximum sentence for assault, as noted above, would involve the offence of causing GBH with intent or wounding with the intent to cause GBH.

This means that that maximum sentence for an assault offence would be life imprisonment.

Are there any aggravating or mitigating factors for assault charges in the UK?

There are a wide range of both aggravating and mitigating factors which are likely to have a major influence on the sentence that is handed out for assault.

Aggravating factors that are likely to increase the sentence for an assault include:

  • Previous convictions
  • Offence committed whilst on bail
  • Offence motivated by hostility towards a protected characteristic
  • Deliberate action
  • Offence committed in prison
  • Offence committed in the presence of children
  • Offence committed in a domestic setting
  • Abuse of power and/or trust
  • Failure to comply with court orders

Mitigating factors that could decrease the severity of the sentence for assault include:

  • No previous convictions
  • Clear remorse
  • Previous good character and/or exemplary conduct
  • Age and/or lack of maturity
  • Sole or primary carer for a dependent relative
  • Serious medical conditions which require urgent, intensive or long-term treatment

It should be noted that an assault offence will be more serious if the victim of the alleged assault is an emergency worker. This includes police, prison officers, custody officers, fire service personnel, search and rescue services and paramedics.

How do assault on a minor sentences work?

Assaults committed against a minor are dealt with separately to standard assault cases, and sentences for this type of assault are usually severe. The maximum sentence is 14 years’ custody for both causing or allowing a child to suffer serious physical harm and cruelty to a child. Prosecution guidance for non-sexual child abuse has been published by the CPS.

What should you do if you are facing an assault charge in the UK?

If you have been arrested, or are under investigation, for an assault offence, it is absolutely essential that you speak to an expert criminal defence solicitor at the earliest opportunity. As we have discussed, assault prison sentences can be very lengthy and, without the right advice and representation, you could be left extremely vulnerable.

If you are accused of an assault charge in the UK and are facing a potential prison sentence or any other type of penalty, it is important to understand what your case involves and what your legal rights are. It is also imperative that you understand what actions could serve to undermine your legal defence.

We understand that many people hesitate to speak to a solicitor, even if they are facing assault prison sentences. This may be because they are worried that, by speaking to a solicitor, they will be signifying guilt to prosecutors. This could not be any further from the actual truth.

No matter what your circumstances and what type of assault charges you are facing, speaking to a solicitor can make all the difference when it comes to avoiding charges or reducing a sentence where conviction is unavoidable.

At JD Spicer Zeb, our experienced team of criminal defence solicitors have substantial expertise in defending individuals who are accused of assault. As such, we are well positioned to advise you on the various defence strategies for your case, no matter whether it involves common assault, ABH or GBH.

Speak to our assault solicitors today

For urgent specialist advice, immediate representation or to speak to us confidentially about an assault sentence or charge, please do not hesitate to get in touch.

You can contact a member of our dedicated team of 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 as soon as possible

24/7 legal representation for assault offences

For immediate representation and advice about assault prison sentences or other charges, you can contact our Emergency Number: 07836 577 556, and we will provide you with the urgent assistance you need.