View our services currently available. When a person is attacked, but where there are little or no injuries as a result of the incident. Where a person is beaten and minor injuries are caused as a result, then a charge of 'assault by beating' may be considered. The maximum penalty for either assault is six months in prison. If the victim requires stitches or other hospital treatment, then this could amount to ABH.
Battery, on the other hand, is a lot more serious and depending on the severity of the attack can often land the perpetrator with a lengthy jail sentence.
Whilst battery describes the event of one person touching another, there are also varying levels of battery that describe how severe the attack was between perpetrator and victim. The most common form of ABH is a scratch, bruise or even a bite mark. It may also be classified as ABH if the victim has been pushed and ends up banging their head or receiving a scratch when falling on the floor. Also known as a section 47 offence, ABH carries a maximum sentence of 5 years, though is more commonly dealt with by giving the perpetrator a fine or community order.
However, every case is handled separately as an attack might be racially motivated or could be linked to other crimes the perpetrator is guilty of. Going further, if the attack is particularly violent, premeditated or involves a weapon such as a knife, the attack would be classified as Grievous Bodily Harm or GBH instead.
As with assault and battery, the punishment handed down depends entirely on the circumstances and how severe the injuries are sustained by the victim. Contact the defence solicitors at DPP Law immediately if you have been accused of any form of assault or arrested after being involved in any kind of violent encounter.
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Criminal Defence Criminal Defence. Criminal Damage Charges. Drug Offences. Public Order Offences. Criminal Appeals. Death by Dangerous Driving. This will usually be at the discretion of the prosecutors or an investigating police officer. Any injury that interferes with the health or comfort of a victim can be defined as ABH, such as bruises, scratches or bite marks. For example, an individual who pushes a victim who falls and hits their head on the pavement may not have intended to injure the victim but they did intend to apply unlawful force.
As such, they can be charged with ABH if the victim was bruised as a result of the fall. In this example, the defendant may have either intentionally or recklessly caused the injury. If the push had caused the victim to fall to the floor and fracture their skull, this would be viewed more seriously as an offence of GBH, perhaps contrary to Section 20 as it was not intended for the push to result in a serious injury.
The location will depend on the circumstances and aggravating factors. Prison sentences are more likely to be given if the assault is not a first-time offence. All assault cases are different and vary depending on the parties involved, the location and possible motivations. Grievous bodily harm is the most serious form of non-fatal assault and can be committed in two ways affecting the level of severity of offence — the difference being whether the crime was committed intentionally or recklessly.
Injuries sustained by intentional GBH have the potential to be life changing for a victim and as such the penalties for individuals found guilty of this offence are severe.
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