Both ABH and GBH are two types of assault offences that indicate a level of injury suffered by the victim.
Both are more severe than “common assault”, a term that can be used either when unlawful force is used without injury sustained (this may also constitute battery) or when violence is threatened in a serious way. It also includes acts like spitting and even shaking a fist, should the victim believe they are about to be attacked. ABH and GBH occur when the incident escalates into violence that causes injury; where they differ is in the severity of the injury sustained by the victim.
What is ABH?
ABH or Actual Bodily Harm is the less severe offence, reflective of the injuries inflicted. ABH is the term used if the victim sustained minor injuries such as small cuts, bruises and scratches.
Sentencing for this offence can range from community orders to five years in prison, depending on the severity of the attack and the intention behind it. Some intentions, if proven, can increase the maximum sentence. For example, racially aggravated ABH has a maximum sentence of seven years.
Pre-planned, targeted and discriminatory attacks on individuals with protected characteristics are the most serious instances of assault and will result in the harshest punishments.
What is GBH?
GBH or Grievous Bodily Harm is the more severe offence. GBH is a term used for major injuries like deep lacerations, broken bones or concussions. These injuries have the potential to be life-altering and so have a more severe maximum punishment of life in prison.
The severity of the punishment depends on multiple factors.
Intent, like with ABH, is a large factor with targeted assaults on individuals with protected characteristics having the most severe sentencing.
What else can impact your sentence?
In the case of both ABH and GBH, the law distinguishes between intentional and reckless harm, with the latter tending to constitute a lesser sentence.
Intent can be determined by multiple factors. The use of a weapon is a clear indicator that the assailant intended grievous harm to the victim, and multiple strikes also indicate a more malicious intent. When the defendant unlawfully inflicts GBH while intending or foreseeing harm, it is called malicious wounding and is taken incredibly seriously by the courts.
Allegations against you
If you have been reported for ABH or GBH and are facing an investigation from the police, you will need to speak with a solicitor specialising in assault cases.
If you have been unfairly accused of assault or there has been a misunderstanding, our team can support you through the investigation.
Contact our team today on 0161 969 3131 or fill in the form below and one of the team will be in touch.