Most people have an idea of what an assault is: maybe a slap, a punch or kick. However, it often surprises people that a common assault can be committed where no force is actually used. For this reason, a common assault can be divided in two, both of course, being unlawful:
- Common assault
- Common assault by beating. Sometimes known as a battery
Before we turn to the differences, we can say one thing each of the offences have in common is that in their simple form (e.g. not racially or religiously aggravated) each can only be dealt with in the magistrates’ court (i.e. they are “summary only”) and in their simple form, the maximum sentence for each is 6 months’ imprisonment.
Common Assault
A common assault is committed where a person causes another to fear immediate unlawful violence. A common assault can only be dealt with in the magistrates’ court. The key point about this offence is that the aggressor need not actually inflict any force upon the victim, which comes as news to many people.
When dealing with this case, it is important to explore exactly what causing another to fear “immediate unlawful force” actually means. It does not mean, as the phrase might imply, that the victim fears the attack. For example, they might not be scared because they think they can easily fend off the attack using self-defence or get the better of the offender because the aggressor is so drunk. What the law says is that the victim must merely “apprehend” unlawful violence. This can be thought of as the victim anticipating that the aggressor will use immediate unlawful violence.
Common Assault by Beating (otherwise known as Battery)
We’ve established what a simple common assault is. The next question is how does a common assault differ from a common assault by beating, or a battery? The key difference is that for a common assault by beating, force is actually used. The use of this force does not have to be intentional; it may be reckless. Also, the level of force does not have to be great for the offence of common assault by beating to be made out, the slightest touch may suffice in the right circumstances.
Although common assault or common assault by beating are offences which are often seen as being less serious offences, they are not always straightforward and may result in the accused facing a term of imprisonment.
It is always wise to get expert advice if you are accused of an ABH or GBH, and we at SMART Criminal Defence have years of experience in dealing with such cases. We would warmly welcome an enquiry via our Contact page or call us free of charge on 0333 200 8581. We pride ourselves in getting back to all enquirers promptly.
