Cecily Zamora
Common assault is the least serious form of assault in the UK. It occurs when a person makes another person fear that they are going to be attacked imminently, and it does not have to involve physical violence. Threatening words, threatening gestures, a raised fist, or general threatening behaviour are enough for the crime to have been committed, provided the victim thinks that they are about to be attacked. If physical contact is made, it would be considered a battery or assault charge, which also includes spitting. The use of a weapon in common assault raises the charges and is no longer considered common assault. The sentencing of charges of assault committed against emergency workers and police officers while performing their duty is far more harsh than for those committed against the general population.
| Characteristics | Values |
|---|---|
| Definition | Common assault is when a person inflicts violence on someone else or makes them think they are going to be attacked. It does not have to involve physical violence. |
| Examples | Threatening words, a raised fist, spitting, using threatening words, or a severe physical attack that leaves the victim permanently disabled. |
| Defences | Arguing that the offence did not occur, that you had consent, that there has been mistaken identity, or that you were acting in self-defence. |
| Penalties | Common assault holds a maximum sentencing of 6 months imprisonment with a fine. |
| Legislation | Common assault is an offence under section 39 of the Criminal Justice Act 1988. |
| Additional Information | Common assault is considered the lowest level and most minor of the assault charges. |
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Common assault definition
Common assault is the least serious form of assault and is classed as a statutory offence. It is committed when a person inflicts violence on someone else or makes them think they are going to be attacked imminently. Common assault does not have to involve physical violence or injury—threatening words, a raised fist, threatening gestures, or posturing are enough for the crime to have been committed, provided the victim thinks that they are about to be attacked. Ordinary, harmless contact such as that encountered on a busy bus or train is not considered assault.
In England and Wales, common assault is a summary offence, usually tried summarily and punishable with imprisonment for a term not exceeding six months, a fine, or both. The use of a weapon in common assault raises the charges and is no longer considered common assault. Common assault of police officers or emergency workers during their duty carries harsher sentencing.
Consent is a defence to battery, as is reasonable punishment in England, although this is not a defence in Wales. Self-defence, mistaken identity, and arguing that the offence did not occur are also defence strategies that can be used if you are accused of common assault.
In England and Wales, a distinct offence is racially or religiously aggravated common assault. This is the least serious assault charge, and it is not uncommon for more serious assault charges to be reduced to common assault by prosecutors to avoid the additional expense of a Crown Court trial.
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Common assault sentencing
Common assault is considered the lowest level and most minor of assault charges. It is a statutory offence under section 39 of the Criminal Justice Act 1988. Common assault occurs when a person inflicts violence on someone else or makes them think they are going to be attacked imminently. It does not have to involve physical violence, and threatening words or gestures, a raised fist, or spitting are enough for the crime to have been committed.
The sentencing guidelines for common assault vary depending on the offence type and the context surrounding the incident in question. If the defendant pleads guilty, they will receive a reduced sentence. The use of a weapon or the threat of a weapon during the assault raises the charges and is no longer considered common assault.
In England and Wales, common assault is punishable by imprisonment for a term not exceeding six months, a fine not exceeding level 5 on the standard scale, or both. However, this outcome is usually unlikely unless there is a history of previous assault charges or the motivation is considered a hate crime. The sentencing of charges of assault committed against emergency workers and police officers while performing their duty is also harsher than for those committed against the general population.
There are various defence strategies that can be used if accused of common assault, such as arguing that the offence did not occur, consent, mistaken identity, or self-defence. It is important to have a specialist criminal defence solicitor when facing charges of common assault, as they can help impact whether charges can be dropped or sentences reduced.
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Common assault defences
Common assault is committed when a person assaults another or commits a battery. The difference between the two is whether there is actual physical force, and a person can be guilty of common assault without physically striking another person.
In terms of defences, the following may be used:
- Self-defence: The defendant must show that they feared an attack and that the force used was not excessive. The defendant does not have to wait until they are hit before defending themselves – it is enough to show that they thought they were going to be attacked.
- Mistaken identity: In appropriate cases, mistaken identity may be argued.
- Consent: Consent is a defence to battery.
- Reasonable chastisement of a child: This is a defence unique to common assault, and it is a very complex area of law.
The court will also consider the degrees of harm caused to the victim and the culpability of the defendant. The sentence will be more severe if the assault was motivated by the victim's disability, sexuality, age, sex, gender, race, or religion. The maximum sentence for common assault is six months in prison and/or a fine, although this is unlikely for first-time offenders. If the offender has a previous conviction or the attack was racially or religiously motivated, a prison sentence is more likely.
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Common assault and battery
Common assault is considered the lowest level and most minor of assault charges. It occurs when a person makes another person fear that they are going to be attacked imminently. Common assault can take place without any physical contact or force, as simply making someone feel that force will or might be used against them is sufficient to justify a charge. This includes threatening gestures, threats, and posturing, even if no form of battery occurs.
If physical contact is made, regardless of any injuries, this would be considered a battery or assault charge, which also includes spitting. It is often misunderstood that assault or battery charges require some degree of injury to occur; they do not, and they can result in a prison sentence. Ordinary, harmless contact, such as that encountered on a busy bus or train, is not considered assault.
Battery is committed by the intentional or reckless application of unlawful force to another person. Consent is a defence to battery, and reasonable punishment is a common-law defence in England, confined to battery by section 58 of the Children Act 2004. It is not a defence in Wales, as per the Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020. Educational establishments may not give corporal punishment to children, but they may use reasonable force for specified reasons, including preventing an offence.
The use of a weapon in common assault, threatening while displaying a weapon, or stating that one has a weapon, raises the charges, and it is no longer considered common assault. This is also true if a victim believes they are at threat of actual bodily harm. Assaulting a constable or an emergency worker in the execution of their duty is considered common assault or battery. The sentencing of charges of assault committed against emergency workers and police officers while performing their duty is far more harsh than for those committed against the general population.
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Racially or religiously aggravated common assault
In the United Kingdom, common assault is a broad term encompassing a range of physical and non-physical offensive behaviours that fall short of causing physical harm or injury to another person. One specific type of common assault that carries more severe penalties is racially or religiously aggravated common assault.
To prove racially or religiously aggravated common assault, the prosecution must first establish the elements of a common assault. This includes demonstrating that the defendant intentionally or recklessly caused the victim to apprehend immediate unlawful violence. This can include threats or gestures that imply physical harm might be inflicted. The prosecution must also prove that the defendant's actions were motivated by racial or religious hatred, which can be inferred from words or behaviour at the time of the incident or from the defendant's prior or subsequent conduct.
The penalties for racially or religiously aggravated common assault are more severe than for simple common assault. Upon conviction, an offender can face a maximum sentence of two years' imprisonment, a fine, or both. The actual sentence imposed will depend on the specific circumstances of the case, including the severity of the assault, the offender's age and health, and any mitigating or aggravating factors. The court may also consider the impact of the offence on the victim and the community when determining the appropriate sentence.
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Frequently asked questions
Common assault is the lowest level and least serious form of assault charge. It occurs when a person makes another person fear that they are going to be attacked imminently. Physical violence does not have to take place, and common assault can include threatening gestures, words, posturing, or raising a fist.
Common assault holds a maximum sentence of six months' imprisonment and/or a fine. Imprisonment is unlikely unless there is a history of previous assault charges or the assault is motivated by hate, such as racial or religious prejudice.
Battery is committed by the intentional or reckless application of unlawful force to another person. No injury needs to be proven for battery, but it is typically considered a more serious offence than common assault.
Defence strategies for common assault include arguing that the offence did not occur, that there was consent, mistaken identity, or self-defence.
The use of a weapon or the threat of a weapon during common assault raises the charges and is no longer considered common assault. Assault against emergency workers and police officers is also treated more severely and can result in additional sentencing.
