Frequency Asked Questions
What is Grievous Bodily Harm?
The most serious type of assault is Grievous Bodily Harm (GBH), and it is split into two offences: Section 18 Assault and Section 20 Assault.
The most serious is a Section 18, because of an emphasis on the intent to cause harm. For instance, to face a charge of a Section 18 Assault, a defendant may have kicked a victim’s head, used an offensive weapon against the victim, or made prior threats.
Defendants could face up to life imprisonment if found guilty of a Section 18 Assault, so working with an experienced solicitor can make a huge difference as to which offence you’re charged with.
On the other hand, a Section 20 Assault is considered to be the lesser of the two categories of causing grievous bodily harm, because of a lack of intention. It still involves very serious bodily harm or unlawful wounding upon another person.
The maximum sentence for a Section 20 is a five-year prison term if sentenced by a jury at the Crown Court. If dealt with at the Magistrates’ Court, the maximum sentence is six months’ imprisonment.
It is paramount to speak with criminal defence solicitors at the first opportunity, as this could impact where your case will be heard.
What is Actual Bodily Harm?
Actual Bodily Harm, or ABH, sits between GBH and Common Assault in terms of severity. To be charged with ABH, there has to be evidence that the victim has been injured using unlawful force, but not to the extent of those under Sections 18 and 20.
Seeking expert legal advice is important as ABH can be tried in different courts depending on the severity of the allegation. The maximum sentence for ABH is five years’ imprisonment if tried in the Crown Court, or up to six months if dealt with summarily at the Magistrates’ Court.
Learn more about the differences between ABH and GBH.
What is Common Assault?
Common assault is the least serious of the assault charges. There are typically no visible or physical injuries for a common assault charge, but it does include threatening another person with unlawful force.
Usually, it is uncommon to receive a prison sentence without a previous criminal conviction. However, the maximum penalty for common assault is six months imprisonment, and the case will be dealt with at the Magistrates’ Court.
However, an common assault offence can carry a longer sentence in certain circumstances. For example, if it is deemed to be racially or religiously motivated, part of domestic violence, or committed against an emergency worker, such as a police officer or paramedic.