Common Assault Sentencing Guidelines

Have you been charged with common assault? This incredibly old offence under English law was previously only captured in common law, which means it was not defined in legislation. However, that changed when it was enshrined in legislation in 1988. This article explores the offence of common assault. It looks at how serious this offence is, and the maximum sentence that you could expect to receive for it. We will also look at the factors that the court will take into consideration when deciding the length of your sentence. We hope that you walk away with a good understanding of this commonly occurring offence, but give you an indication of how to get further help if needed.

What is common assault?

Common assault is established as an offence by Section 39 of the Criminal Justice Act 1988. However, the legislation does not provide a definition of this offence. The definition comes from the common law i.e. the decisions reached in the criminal courts over the years. The CPS explain this definition as follows:

‘An assault is any act (and not mere omission to act) by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence. The term assault is often used to include a battery, which is committed by the intentional or reckless application of unlawful force to another person.’

Where an offence involves the application of unlawful force, the charge sheet should state ‘assault by battery’. Therefore, the term common assault can mean both a threatening action, for example, raising a fist to someone without actually hitting them, and it could also mean a violent act, such as striking a person. If the violent act causes an injury to the person, it is more likely to be prosecuted as the more serious offences of Actual Bodily Harm and Grievous Bodily Harm contrary to the Offences Against the Person Act 1861.

A key element of the offence of common assault is lack of consent by the victim. Consent can be express, i.e. you give the dentist permission to remove your tooth, or implied, i.e. your friend pats you on the arm to comfort you when you are having a bad day. Every day physical contact, such as a person brushing past you at the train station, is not actionable. This is because the courts have found that there is an implied consent by those go out in public who expose themselves to the risk of physical contact.

Is common assault a serious crime?

Common assault is a ‘summary only’ offence, which means that it can only be tried in the Magistrates’ Court. The exception to this is where the conditions at Section 40 of the Criminal Justice Act 1988 are met. This states that where more serious indictable charges also arise out of the same set of events, common assault could be tried alongside them in the Crown Court. Say for example, a person is charged with common assault, rape, and kidnapping out of a single incident. These offences could all be heard together in the Crown Court.

Where common assault is being treated as a summary only offence in the Magistrates’ Court, the information must be laid before the court within six months of the offence taking place. This is established by Section 127 of the Magistrates Court Act 1980. This prevents relatively minor standalone crimes such as common assault from being prosecuted many years after they took place.

What is the maximum sentence you can get for common assault in the UK?

According to Section 39 of the Criminal Justice Act 1988, the maximum sentence for Common Assault is six months’ imprisonment, or a fine not exceeding level 5 of the standard scale. But what does level 5 on the standard scale mean in today’s terms?

For offences committed after 13 March 2015, level 5 fines are unlimited. Prior to this date, the limit was £5000. When calculating the fine that you should be given, the court must take into account the following factors:

• The seriousness of the offence; and
• The financial circumstances of the offender

For the offence of common assault, you are unlikely to be fined more than 175% of your weekly income. According to the Sentencing Council (the government body that decides what is appropriate in terms of sentencing), the court should aim for a fine to have an equal impact on offenders with different financial circumstances. Whilst a fine should be a hardship, it should not deprive the defendant of the means to live. Normally, the fine should be an amount that the defendant is capable of paying within 12 months.

When ordering a fine, the court should consider making an order of compensation to the victim. This order can provide redress for personal injury, loss, or damage resulting from the offence.

Say, for example, the common assault offence related to one man pushing another into a wall. The compensation would be for his bruised head, as well as the cost of repairing his broken watch. Whether this appropriate depends on the facts of the case, and the victim’s wishes. In addition to compensation and the fine, the court must order that the defendant pays the criminal court surcharge (amounts set out here). There is also a discretion to seek to recover the prosecution’s costs.

What are the common assault sentencing guidelines?

Once a defendant has been found guilty of common assault, the court will then decide on their sentence. This will be determined based on two factors:

1. The level of harm that has been caused. A high level of harm is indicated by factors such as injury or fear of injury, vulnerability of the victim, or repeated assaults on the same victim.
2. The culpability or blameworthiness of the defendant’s conduct. Conduct will be deemed to be more serious where it is based on racial or religious hostility or the victim’s gender. A significant degree of premeditation will also increase the culpability. The threatened use of a weapon or targeting a victim because of their vulnerability are some more of the factors that would serve to increase culpability.

Offences are split into three categories based on these factors.

• The first category is a high level of harm and a high level of culpability.
• The second category is either lesser harm but greater culpability, or lesser culpability and greater harm.
• The third category is low harm and low culpability.

Say, for example, a young woman texts her friend saying she plans to go and intimidate the old lady who lives across the road by pushing her off the pavement; she then goes ahead and does just this. This would be a category 1 offence as the offender planned the offence ahead of time, and deliberately targeted a vulnerable victim, and the level of harm is also high because of the victim’s vulnerability. The starting point for a category 1 offence is a high level community order. Aggravating factors such as having repeated similar offences in the past could increase this to up to six months’ custody. Mitigating factors such as remorse and previous good character could reduce this to a low level community order.

At the other end of the spectrum, imagine a young man is rushing to get to work on time. There is another young man ahead of him on the pavement, who does not respond to his request to please move out of the way. So the man, in the spur of the moment, pushes the other man off the pavement. In this second example, both the level of harm and level of culpability appear to be low, so this would in all likelihood be a category 3 offence. This means that the starting point would be a Band A fine (for which the starting point is 50% of the defendant’s weekly income). Mitigating factors such as the young age of the offender or the fact that they were suffering from a serious medical condition could reduce this to a discharge. Whereas aggravating factors, such as the fact that the offence was committed whilst on licence, or the fact that the victim was traumatised, could lead to this being increased to a Band C fine, the starting point for which is 150% of the defendant’s weekly income.

For more information, refer to the Sentencing Council guide here.

Where to get further help

If you have been charged with common assault, there is a chance of getting your case dropped before trial. To see whether this is possible with your case, contact the experts at Stuart Miller Solicitors today! Our experienced team of criminal defence solicitors are here to help you navigate the criminal justice process. We will advise you on the strength of the prosecution’s case against you and provide you with information in respect of the defences that you may be able to rely upon. Contact us for a no obligation consultation today.

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Ayesha Akbar

20:24 06 Mar 24

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10:14 16 Feb 24

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15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

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20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

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20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

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12:36 22 Jan 24

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Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

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23:14 19 Jan 24

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Real Cubano

13:03 16 Jan 24

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19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

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20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

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19:54 19 Dec 23

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J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

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11:13 06 Dec 23

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09:45 01 Dec 23

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15:51 28 Nov 23

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05:40 27 Nov 23

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20:03 23 Nov 23

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10:48 23 Nov 23

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If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

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13:11 17 Oct 23

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20:06 12 Oct 23

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10:26 11 Oct 23

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09:59 07 Oct 23

Just want to say a big ‘Thank you’ to Iysha who has represented my daughter in the police station. Iysha remained very calm and professional during this long, painful process while maintaining good communications with the family. She has provided useful advice to my daughter and demonstrated good expertise in this complex area. We hope to continue to work with StuartMiller and secure the best outcome for my daughter.

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12:48 07 Sep 23

Unfortunately got myself in a situation where I needed legal representation. My solicitor was great, but attention needs to be drawn especially to Amirah. She well and truly went over and beyond what most people would do, to help me resolve the situation. Nothing was ever too much, in fact it was her who pushed things further than I'd have even asked her to, she really does care about not just her occupation, but the people she helps. Cannot say enough good things about her... not just good legal representation, but an actual lovely person who genuinely cares, and you don't get that very often anymore. So, thank you to Stuart Miller Solicitors in Wood Green, but definitely, more importantly, to Amirah.

Angela M

20:11 05 Sep 23

I would like to say a big thank you to Savannah Loizides. My elderly mother recently required legal assistance for a police interview as part of an investigation.Savannah was professional, caring and supportive. In the days and weeks following the police interview, Savannah has been helpful and informative answering my questions promptly.I would recommend Stuart Miller Solicitors and would not hesitate to contact them again if the need arises.

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14:38 12 Aug 23

My husband was represented by an solicitor who frequently appears on Tik TokWe had very minimal advice the service was shambolicWe had been referred to the director who saw us asap and understood the life changing dilemma he facedWe had proper legal advice and the eventual result was that my husband was found not guiltyI say this to the nation just get an appointment and speak to the teamSome of the people you see on social media are not worth itGuys this is your life . YOU HAVE ONE CHANCE GET THE TEAM AT STUART MILLERAll I can say is you will not be disappointed

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22:48 11 Aug 23

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Lou D

14:30 09 Aug 23

My husband an I are extremely grateful for Abu Kibla and his amazing support representing my husband under such time consuming circumstances. He was very helpful and made us feel at ease right away.We left pleasantly satisfied and would definitely recommend Abu Kibla to anyone needing representation.Thank you

Jake Elliott

11:46 02 Aug 23

Abu Kibla represented me for my second drink driving offence, and not only that I had no license or insurance. Perhaps I am exposing myself saying that but you need the context as Kibla managed to get my ban reduced from 3 years to 2.5, and only a 200 pound fine. Aside from being very professional at what he does, he's also a good guy, who has your back. He explained my situation to the judge in a clear way I wouldn't have been able to. Don't hesitate!

R M

20:05 01 Aug 23

I would like to thank everyone at Stuart miller especially to Kibla for their excellent work. At a time when things were very hard for me they helped me win my case. I hoped for total support from Stuart Miller when I instructed them, I got so much more. I would highly recommend Stuart Miller to anyone seeking for a reliable legal team. Many thanks again for everything, you were brilliant.

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08:21 29 Jul 23

Spoke to a director at 8 amIf I could give 10 stars I wouldAll my anxiety finishedThanks 👦

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13:37 28 Jul 23

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13:10 28 Jul 23

Thank you for all your help I am great full fir having such a great team who considered all my issues and got me the correct result

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12:59 28 Jul 23

Id like to say Thankyou to joe and tasnuva.They really helped me out and was so kind and thoughtful throughout.

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10:28 28 Jul 23

Brilliant application by Mohammed zebAlso thank you to the team

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13:08 25 Jul 23

Contacted them, rang me back immediately gave me legal advice and said they would be there if ever needed. I can breath abit better with their advice.

Halil Su

17:49 21 Jul 23

I just wanted to say big thank you to MR MOHAMMED ZEB and FUNDA BOZKURT for helping me, I’ve know MR Zeb over 20 years. Best defence lawyer in London, I appreciate your time and efforts.Kind regardsMr Su

Mohammed Hussain

11:04 17 May 23

Excellent service from sincere highly qualified individuals who are truly motivated to help you with legal matters. I specifically want to thank Kelly Morris for her outstanding work in my case. She is an awesome lady and a fantastic legal professional who I simply cannot thank enough! Kelly I will never forget the day you called me with the good news. 10/10 service!Big thanks to Stuart Miller law firm also! I will be using this law firm if any future legal problems arise, but hopefully this will not be the case!

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19:57 19 Apr 23

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11:55 20 Mar 23

Helped me with a Tfl charge for carrying an escooter on the LU. Managed to get them to drop the charges on the grounds of public policy and disproportionate prosecution. Responsive, efficient and cost effective. Highly recommended,

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12:54 13 Mar 23

Each and every member of staff I spoke with were very helpful, friendly and informative, every step of the journey went smoothly and relatively stress free thanks to their professionalism and human touch. Thank you so much can’t praise you enough.

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19:08 11 Mar 23

Brilliant, from start right till the end strongly recommend

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14:42 09 Feb 23

Abu Kibla helped me with Cases when I was younger. My experience with him was Great. Hes A very humble and great man who in my opinion puts his heart into his work. Ive been in trouble all my life and met Many solicitors but none can compare to this man. I Would highly recommend this Company to my friends and family and I can say with confidence this is The Company you are looking for.

ozkan albay

13:31 28 Dec 22

I’m very satisfied with the way all Stuart Miller staff has dealt with me all these years. I have been with Stuart Miller for over 15 years and had no doubt trusting them with my case and friends that I’ve recommended.Thank you for your hard work and hope you guys keep it up.Ozkan Albay

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20:56 30 Nov 22

Massive thanks to Abu and Savannah who dealt with my case, highly professional service provided, couldn’t recommend enough.Thank you!!

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14:47 21 Oct 22

Many thanks to Stuart Miller Solicitors and Reem Khatib in particular. In what is a very stressful, confusing and frustrating time she was the voice that kept everything clear and erudite for everyone involved. Reem's impeccable professionalism, approachability and friendliness made every interaction pleasant and useful. Thank you so much for all your help.

Tommy

15:32 10 Oct 22

Just Wantied to say a big thank you , Reem Khatib, for representing me after 2 and a half years of my case going on and with 3 different firms.I finally found the best one, Reem represented me for around 2 years.She’s so down to earth and has so much empathy. She really helped me at my lowest point. She has a way with words and really knows how to get things done, thank u so much.barrister Ronan McCain was extremely excellent they make such a great team so happy it’s finally over.

Dragon 100

14:50 24 Aug 22

Alexis at Stuart Miller's was very helpful and helped me with every step to help me beat my case

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08:22 11 Aug 22

I really don't know where to start, but this firm is amazing. From my initial contact, then my first meeting With Mr Zeb, I knew I was going to be in good hands.I found myself in a very difficult situation in March 2019 and my case did not come to an end until July of this year. Throughout, there has always been good communication and although the outcome of my case was not looking good, I'm glad the team were honest about what to expect.I would like to thank Reem Khatib especially, who went above and beyond. I couldn't have asked for a better solicitor. Very thorough and informative and helped put my mind at ease as there were several aspects of my case that made things extremely difficult. One thing I loved about Reem was that she cared. Really, really cared, which is what you want in a situation like this. In the lead up to my sentencing hearing, Reem was abroad and still checked in with me.I was expecting a custodial sentence with a starting point of 5 years and managed to leave court with a suspended sentence/community service. This could only be down to Reem's dedication and hard work. Nobody expected this and I am very glad to have had her working on my case. As well as my Barrister, Lily, special thanks to you also. I really don't think I would have had this outcome had it not have been for you two.I am glad this is finally over and once again would like to express my heartfelt gratitude to Reem. She really fought for the best possible outcome, which I received.I will never find myself in any trouble again, but would highly recommend Stuart Miller Solicitors for anyone that may need a solicitor.Thanks againJahnel

Alexander Ioannides

15:41 28 Jun 22

thank you so much to Selina for her service and Stuart miller on my hearing after a long trial justic was truley served not guilty i recommend stuart and miller for a true brilliant result

karen kianfar

16:39 24 Jun 22

I highly recommend! A lady I spoke to called Donna was extremely helpful. Thanks again.

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16:49 11 Jun 22

I was recommended to speak to selina. I called her out of office hours to assist with a arrest.She was extremely helpful, considerate and knowledgeable regarding the incident. I could see that she had mine and my families best interests at heart as a criminal defence paralegal. I would definitely recommend her for anyone that finds themselves in a sticky situation.

Stewart Skipsey

12:58 08 Jun 22

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10:44 25 May 22

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Tkay #6

16:53 19 May 22

Stuart Miller helped me navigate through the legal process for the first time, providing excellent guidance throughout the entirety of such a stressful period. I would like to thank Selina Guler for her wonderful work in preparing my defence, as well as Joe Barlow, who were exceptionally helpful throughout the process, explaining everything that arose in detail so as to ensure I could make informed decisions throughout. My experience felt personalised, and gave me the reassurances I needed to calm my nerves, in comparison to the regular ignorant demeanour that typically comes hand in hand with law firms. I felt supported and in safe hands from my initial enquiry right through to the end.

Seven Horses

21:49 17 May 22

Phenomenal, communication was immeasurable, especially Dee, went the extra mile.

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