Assault & Violent Offences

Assault & Violent Offence Solicitors — Expert Criminal Defence

Assault charges range from common assault — a summary-only offence — to causing grievous bodily harm with intent, which carries a maximum sentence of life imprisonment. The distinction between offences matters enormously, and the prosecution's framing of facts is not the only version. A specialist criminal defence solicitor will scrutinise the evidence, identify all available defences — including self-defence — and present the strongest possible case on your behalf.

Self-defence & lawful force arguments Charge reduction negotiation Magistrates & Crown Court defence First appearance representation
⚠️ Charged or under investigation for assault? Do not make statements to police without legal advice. Under the Criminal Justice and Public Order Act 1994, adverse inferences can be drawn from unexplained silence — but only if you were advised and failed to mention something you later rely on. Your solicitor will advise you on the right approach before any interview.

The Assault Offences — From Common Assault to GBH

⚠️
Common assault — s.39 Criminal Justice Act 1988

Any act which intentionally or recklessly causes another to apprehend immediate unlawful force, or any application of unlawful force however slight. Summary-only. Maximum 6 months' imprisonment and/or unlimited fine. No requirement for injury.

🤕
ABH — s.47 Offences Against the Person Act 1861

Assault occasioning actual bodily harm. "Bodily harm" includes psychiatric injury (R v Ireland [1998]). Either-way offence. Magistrates: up to 12 months. Crown Court: up to 5 years. Physical harm need not be serious or permanent.

🏥
GBH / Wounding — s.20 OAPA 1861

Unlawful and malicious wounding or inflicting grievous bodily harm. "Malicious" means intent or recklessness. Indictable-only (in practice either-way). Maximum 5 years. "Wound" requires a break in the skin — both layers of skin must be broken.

⚖️
GBH with intent — s.18 OAPA 1861

Wounding or causing GBH with specific intent to cause GBH or to resist arrest. The most serious non-fatal assault. Indictable-only. Maximum life imprisonment. Intent is the key distinguishing element from s.20.

👊
Affray — s.3 Public Order Act 1986

Using or threatening unlawful violence such that a person of reasonable firmness present at the scene would fear for their safety. Either-way. Maximum 3 years in Crown Court. Often charged in group fight situations.

🔪
Robbery — s.8 Theft Act 1968

Theft using force or threat of force immediately before or at the time of stealing. Indictable-only. Maximum life imprisonment. Sentencing depends heavily on whether a weapon was used and the degree of violence.

Self-Defence & Lawful Force

Self-defence is a complete defence to assault charges. Under s.76 Criminal Justice and Immigration Act 2008 (as amended), force is lawful if:

  • You genuinely believed force was necessary in the circumstances as you believed them to be — even if your belief was mistaken, provided it was genuinely held
  • The force used was reasonable and proportionate in the circumstances as you believed them to be

Key principles from s.76:

🛡️
No duty to retreat — failing to retreat is a factor the jury may consider, but there is no legal duty to retreat before using defensive force
⚡
Householder defence (s.76(5A)–(5F)) — an enhanced test applies to force used by a householder against an intruder. Force is lawful if not "grossly disproportionate" (a lower threshold than the general test)
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Instinctive response — a person acting instinctively under sudden threat should not be judged to the standard of measured deliberation
❌
Voluntary intoxication — self-induced intoxication cannot be relied on to establish a mistaken belief in the need for force

Other defences include defence of another, prevention of crime (s.3 Criminal Law Act 1967), consent (for low-level sports contact or agreed fights), and lack of intent for specific intent offences.

Sentencing — What the Court Considers

  1. 1
    Culpability & harm category

    The Sentencing Council Guidelines assess culpability (high/medium/lower: premeditated, use of a weapon, targeting a vulnerable victim) and harm (extent of injury to victim). The starting point and range depend on which combination applies.

  2. 2
    Aggravating factors

    Previous convictions, offence committed on bail, use of a weapon, attack on an emergency worker (s.1 Assaults on Emergency Workers (Offences) Act 2018 doubles the maximum), attack in a domestic context, offence motivated by hostility based on protected characteristics (Hate Crime).

  3. 3
    Mitigating factors

    Genuine remorse, age and immaturity, mental health, provocation (not a legal defence but a mitigating factor), good character, early guilty plea (up to one-third sentence reduction), cooperation with police.

  4. 4
    Ancillary orders

    A Restraining Order (s.5 Protection from Harassment Act 1997) can be imposed on conviction or acquittal. Domestic Violence Protection Orders, Knife Crime Prevention Orders (KCPOs), and Criminal Behaviour Orders (CBOs) may also be sought by the prosecution.

Frequently Asked Questions

What is the difference between ABH and GBH?

ABH (s.47 OAPA 1861) requires actual bodily harm — injury that is more than transient or trivial, including psychiatric injury. GBH (ss.18 and 20 OAPA 1861) requires really serious bodily harm. The key distinction is the severity of injury and (for s.18) the presence of specific intent to cause GBH. S.20 requires only recklessness as to causing some harm; s.18 requires intent to cause GBH or to resist arrest.

Can I rely on self-defence if I was the one who started the confrontation?

Possibly, but it is more difficult. If you started the confrontation by using unlawful force, you cannot rely on self-defence for that initial force. However, if the other party then escalated significantly beyond your original act, you may be entitled to use defensive force to protect yourself from the escalated threat. This is a complex area of law requiring careful advice from a solicitor.

Will I go to prison for a first assault offence?

Not necessarily. For common assault and lower-category ABH by a first-time offender, community orders, fines, and suspended sentences are common. However, for ABH with high culpability or significant injury, immediate custody is within the guidelines range. For s.18 GBH with intent, custody is almost always the starting point regardless of previous record. The presence of a weapon, a vulnerable victim, or a premeditated attack significantly increases custody risk.

What happens if the victim does not want to press charges?

In England and Wales, it is the Crown Prosecution Service — not the victim — who decides whether to charge. The CPS applies a two-part test: sufficient evidence, and prosecution in the public interest. In domestic violence cases particularly, the CPS frequently proceeds even without the victim's cooperation, using body-worn camera footage, 999 call recordings, medical records, and other evidence. A victim "withdrawing" their complaint does not automatically mean no prosecution.

What is a restraining order and can it be imposed even if I'm acquitted?

Yes. Under s.5A Protection from Harassment Act 1997 (as amended by s.12 Domestic Violence, Crime and Victims Act 2004), a court can impose a restraining order on acquittal if it is necessary to protect the victim from harassment. The standard of proof for the order itself is the civil standard (balance of probabilities). Breach of a restraining order is a criminal offence carrying up to 5 years' imprisonment.

How It Works

One clear request. A criminal defence solicitor contacts you.

Whether you are facing a police interview or a Crown Court trial, submit your request and a specialist criminal defence solicitor will advise on your position and the strongest available defence.

Submit Your Request
1

Tell us your situation

Describe the charge or investigation and the stage you are at.

2

Matched to a specialist

We connect you with a criminal defence solicitor experienced in assault and violent offence cases.

3

Solicitor contacts you

They advise on your position, identify defences, and represent you from police station to court.

Expert Criminal Defence

Charged with assault? Get specialist advice before your first court appearance.

Early legal advice shapes the entire prosecution. A criminal defence solicitor can challenge the evidence, argue self-defence, and work to reduce or defeat the charge. Submit your request now.

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