What Happens If You Are Charged With Assault?
An assault charge can range from common assault to grievous bodily harm. The type of charge determines which court deals with it and the potential sentences involved.
Quick Answer
Being charged with assault can result in anything from a small fine to several years' imprisonment, depending on the level of harm alleged. Common assault is dealt with in the magistrates' court; ABH and GBH are more serious offences that can be sent to the Crown Court. You should instruct a criminal solicitor immediately and apply for legal aid.
Full Explanation
Assault offences in England and Wales are governed primarily by the Offences Against the Person Act 1861 and the Criminal Justice Act 1988. There is a hierarchy of offences based on the degree of harm caused:
Common assault (section 39 of the Criminal Justice Act 1988) covers the least serious cases — where the victim apprehends immediate unlawful force, or is touched without consent but with minimal injury. It is a summary-only offence tried in the magistrates' court, with a maximum sentence of six months' imprisonment and/or a fine.
Actual Bodily Harm (ABH) under section 47 of the Offences Against the Person Act 1861 covers assaults causing actual (more than trivial) bodily harm — bruising, cuts, psychiatric injury. It is an either-way offence triable in either the magistrates' or Crown Court, with a maximum sentence of five years' imprisonment.
Grievous Bodily Harm (GBH) without intent (section 20) and GBH with intent (section 18) cover serious injuries — broken bones, permanent disfigurement, life-changing injuries. Section 18 (with intent) is the most serious, carrying a maximum of life imprisonment. Both are either-way offences, though section 18 cases are almost always sent to the Crown Court.
When charged, the process involves: an initial magistrates' court hearing where you enter a plea; an indication of mode of trial for either-way offences; a trial or sentencing hearing. A 'not guilty' plea in the magistrates' court for an either-way offence will result in the matter being considered for allocation — you or the magistrates may send it to the Crown Court.
Defences to assault include: self-defence (the force used must have been necessary and proportionate to the threat); consent (relevant for minor contact sports or medical procedures); lack of intent; and alibi. The Crown Prosecution Service must prove the charge beyond reasonable doubt.
Legal Basis
- §Offences Against the Person Act 1861, sections 18, 20, 47
- §Criminal Justice Act 1988, section 39 (common assault)
- §Criminal Justice Act 2003 (sentencing)
- §Sentencing Act 2020
What To Do
Instruct a Criminal Solicitor Immediately
Do not attend the police station or court without legal representation. Apply for legal aid (means-tested but available for most assault charges). Your solicitor will review the prosecution evidence, advise on the strength of any defences, and represent you at court.
Review the Evidence With Your Solicitor
The prosecution must disclose the evidence against you. Review CCTV footage, witness statements, medical records, and any police interview notes. Identify where the prosecution case is weak and what defences are available to you.
Consider Plea
Your solicitor will advise whether to plead guilty or not guilty. A guilty plea at the earliest opportunity attracts a sentence reduction of up to one-third. A not-guilty plea requires the prosecution to prove the case beyond reasonable doubt at trial.
Prepare for the Hearing
For either-way offences, there will be an allocation hearing to decide magistrates' or Crown Court. For trials, prepare your witness list, evidence, and any expert evidence required (e.g., medical opinion on injury level).
Comply With Bail Conditions
If released on bail before trial, comply strictly with all bail conditions. Breach of conditions is a separate offence and can result in remand in custody.
Important Warnings
Do not contact the victim or any prosecution witnesses — any contact, even through a third party, could lead to charges of witness intimidation or perverting the course of justice.
Avoid discussing the case on social media — posts may be used as evidence.
Self-defence is a complete defence but the force must be proportionate — claiming self-defence where force was clearly excessive will not succeed and may worsen your position at sentencing.