An assault is defined as conduct that intentionally or recklessly causes a victim to apprehend immediate unlawful violence. There are a number of different assault offences, depending on the level of injuries involved and the intention of the person accused. Each has different possible sentences if a person is found guilty.
Common Assault – where there is no injury, or injuries are relatively minor, such as scratches, grazes or minor bruising. This carries a maximum penalty of six months’ imprisonment. These cases can only be tried in a Magistrates’ Court.
Actual Bodily Harm (ABH) – where there is evidence of actual injury. ABH carries a maximum penalty of 6 months imprisonment in the magistrates’ court, and five years’ in the Crown Court and/or an unlimited fine not exceeding the statutory maximum.
In cases where very serious injury is caused, there are two potential offences under the Offences Against the Person Act 1861.
The first of these (under section 20 of the Act) is inflicting Grievous Bodily Harm (GBH) or wounding. This carries a maximum penalty of five years’ imprisonment.
The second, and most serious offence (under Section 18 of the Act) is causing GBH or wounding with intent to cause GBH. This is where there is really serious injury, and an intention to cause GBH. The offence of causing GBH with intent carries a maximum penalty of life imprisonment.