Assault offences remain some of the most common cases in the criminal courts in England and Wales. With updated sentencing guidelines introduced in 2025 and increased attention on violent offences, it is important to understand the difference between assault, actual bodily harm (ABH) and grievous bodily harm (GBH). Each offence carries different levels of seriousness, evidence requirements and possible penalties. This guide explains how the law defines each offence, how the courts assess them and what defendants can expect in 2025.
What Is Common Assault?
Common assault covers situations where a person intentionally or recklessly causes another to fear immediate unlawful force. There does not need to be physical injury. Threatening behaviour, pushing, slapping or attempts to strike can fall within this offence. Common assault usually stays in the magistrates’ court unless the circumstances are serious.
What Is Assault by Beating?
Assault by beating is a type of common assault where unlawful force is applied, even if the injury is minor. This may include bruising, scratches or redness. It is a lesser offence than ABH but more serious than a threat alone.
What Is ABH?
Actual bodily harm involves any injury that is more than minor or fleeting. This includes cuts, swelling, bruises, minor fractures, or temporary loss of consciousness. The injury does not need to be permanent. ABH can be heard in either the magistrates’ court or Crown Court depending on the seriousness of the injury, the circumstances and the defendant’s history.
What Is GBH?
Grievous bodily harm involves causing really serious harm. Examples include broken bones, deep wounds, permanent scarring, serious psychiatric injury or long-term disability. GBH can be charged under two categories. Section 20 covers reckless or unlawful infliction of serious harm, where the defendant did not intend the level of injury but caused it through their actions. Section 18 is the most serious non-fatal offence and requires intent to cause serious harm. Section 18 cases are almost always heard in the Crown Court.
How Courts Decide Which Offence Applies
Charging decisions depend on:
The level of injury.
Whether the conduct was intentional or reckless.
Use of weapons or dangerous objects.
The vulnerability of the victim.
Public setting or group violence.
The defendant’s previous convictions.
In 2025, updated guidelines place more emphasis on the context of the offence, including whether it took place in a crowded area, involved alcohol or drugs, or caused long-term psychological harm.
Sentencing in 2025
Common assault can lead to fines, community orders and, in serious cases, imprisonment. ABH sentencing ranges from community orders to custodial sentences depending on the injury and circumstances. GBH under Section 20 carries higher sentences due to the severity of harm. Section 18 GBH remains one of the most serious offences in the criminal courts and can lead to lengthy prison sentences. Aggravating factors such as weapons, group involvement, domestic abuse or attacks on emergency workers increase the penalty. Mitigating factors can include remorse, early guilty plea, mental health issues and lack of previous convictions.
Possible Defences
Common defences include self-defence, defence of another person, lack of intent, accident, mistaken identity or unreliable evidence. A solicitor will examine CCTV, phone footage, forensic evidence and witness statements to identify weaknesses in the prosecution case. Early legal advice is important because comments made in interview can affect the direction of the case.
When You Should Get Legal Advice
Anyone arrested or invited for a voluntary interview should seek representation immediately. Early legal advice can prevent misunderstandings, reduce the risk of incorrect charging and ensure the correct defences are raised. Solicitors also assist with bail applications, preparing evidence and presenting mitigation to the court.
How Hi Solicitors Can Help
We advise clients facing common assault, ABH or GBH allegations, attend police interviews, and represent defendants in magistrates’ court and Crown Court proceedings. Our team reviews evidence carefully and identifies the strongest defence strategy for each case.
Frequently Asked Questions
What is the difference between ABH and GBH? ABH involves less serious injuries. GBH involves really serious harm.
Will I go to prison? This depends on the level of injury, circumstances and previous convictions.
Can a case be dropped? If evidence is weak or the wrong charge has been applied, a solicitor may challenge the case.
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