Assault & GBH

IB Legal are greatly experienced in defending allegations of all types of assault ranging from common assault to more serious grievous bodily harm allegations.

Assault charges often stem from various everyday scenarios, such as altercations during social outings, conflicts among acquaintances and relatives, and even more severe instances involving gang-related violence or weapon usage, such as knives. Many accusations arise from domestic incidents, which may intersect with family legal proceedings.

We frequently receive inquiries from individuals who have been invited to participate in voluntary police interviews. Alternatively, if a client has already undergone an interview, we may be contacted once they are either on bail or released pending further investigation.

The pre-charge phase of the case holds immense importance. It presents an opportunity for the defence to take an assertive stance by actively engaging with investigators before charges are formally brought forward.

Assault offences are defined in the Offences against the Person Act 1861. The most serious allegations of assault are typically adjudicated in the Crown Court.

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

Section 39 assault encompasses various forms of non-serious assault, including common assault, battery, and assault by beating. Common assault typically involves causing someone to fear immediate violence without physical contact. Battery or assault by beating involves actual physical contact without causing injury. These distinctions are crucial in legal contexts for determining the severity of the offense and appropriate consequences.

Section 47 Assault – Actual Bodily Harm (ABH)

In this scenario, the offense occurs when one person assaults another, resulting in Actual Bodily Harm (ABH), which could be as minor as a bruise or a minor graze. Section 47 Assault is considered an “either way” offense, meaning it can be tried in either the Magistrates’ Court or the Crown Court, though Crown Court trials are more common. In the Crown Court, this offense carries a maximum sentence of five years imprisonment. Sentencing guidelines exist for all assault offenses, and legal professionals can provide advice on where a specific case falls within those guidelines.

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

Section 20 Assault pertains to grievous bodily harm or a wound of a serious nature. This offense occurs when a person unlawfully and maliciously either wounds another person or inflicts grievous bodily harm upon them.

A wound in this context refers to a break in the skin, but charges under this section typically involve serious wounds resulting in permanent disability, loss of sensory function, broken bones, substantial blood loss, or serious psychiatric injury.

Like Section 47 Assault, Section 20 Assault is an “either way” offense, meaning it can be tried in either the Magistrates’ Court or the Crown Court, with Crown Court proceedings being more common. Upon indictment, the offense carries a maximum penalty of five years imprisonment and/or an unlimited fine.

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

The most severe offense of violence is Section 18 grievous bodily harm, also known as wounding with intent. This offense is indictable only, meaning it can only be tried in the Crown Court, and carries a maximum sentence of life imprisonment.

The crucial distinction between Section 18 assault and Section 20 is one of intent. Factors indicating the intent necessary for a Section 18 assault may include whether the assault was premeditated, if a weapon was deliberately chosen, or if prior threats were made.

If you’re facing a charge of grievous bodily harm, it’s essential to seek advice from a specialist solicitor. The consequences are significant, and a proactive defence team can prepare your case to provide the best chance of success, whether that involves going to trial if a defence is available, or securing the best possible outcome if you choose to plead guilty.

Defences

The primary defence against a charge of assault is often self-defence. Our solicitors can provide expert advice on whether a self-defence argument applies in your case. It’s crucial to engage a specialist solicitor from the start who can negotiate with the prosecution regarding the charges you’re facing. They may explore the possibility of the prosecution considering a lesser charge. Early intervention and skilled negotiation can significantly impact the outcome of your case.

Assault Sentencing Guidelines

The Sentencing Council provides sentencing guidelines for violence-related offenses, considering both the harm caused and the culpability of the offender. These guidelines also factor in any aggravating circumstances of the offense and personal mitigation presented by the defendant.

Navigating through these guidelines can be challenging, but our solicitors are well-equipped to explain the categories and where your case may fall within them if you’re convicted of an offense. Understanding these guidelines is crucial for building a robust defence strategy and advocating for the most favourable outcome possible.