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Assault Solicitors

A grievous bodily harm allegation can lead to serious criminal proceedings, but the precise charge matters.

Our GBH Solicitors will examine exactly what happened, the injuries caused and, crucially, what the evidence shows about your intention at the time. Depending on the case, that may involve witness statements, CCTV, body-worn footage, medical evidence, phone material and disputes about self-defence, identification or the part played by each person involved.

Draycott Browne has more than 25 years of experience defending serious criminal allegations and is recognised by Chambers UK for Crime. Our team also includes solicitors accredited under the Law Society’s Criminal Litigation Accreditation scheme, providing experienced representation from the police investigation through to Crown Court proceedings.

If you have been arrested, invited to a police interview or charged with GBH or wounding, contact our criminal defence team for confidential advice.

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Criminal Defence Expertise for ABH & GBH Offences

Our ABH & GBH OFFENCES Advice Team

Shaun Draycott

Shaun Draycott

Managing Director & Serious Crime Solicitor
Rob Mann

Rob Mann

Director & Serious Crime Solicitor
Venessa Schweitzer

Venessa Schweitzer

Consultant Litigator
Caitlin Cardwell

Caitlin Cardwell

Crown Court Litigator
Meet the Team

What is common assault?

Common assault is one of the most frequently charged offences because it covers a wide range of incidents and often serves as the foundation for more serious assault charges. Our experienced Assault Solicitors frequently deal with these cases, which include two separate offences, assault and battery.

Assault is committed when a person intentionally or recklessly causes another person to fear they are about to be physically harmed without touching them. Battery is the act of inflicting unlawful force on another person without their consent.

While this offence is considered less serious than other forms of assault, it can still carry significant legal consequences. It is defined under Section 39 of the Criminal Justice Act 1988.

Importantly, physical injury is not required for an act to be classified as common assault; the threat of harm alone is sufficient. If injuries do occur, this escalates the offence to actual bodily harm.

Common assault cases are typically heard in the Magistrates’ Court, where penalties can include fines, community orders, or up to 6 months' imprisonment if convicted.

What is ABH?

Actual bodily harm is a criminal offence under Section 47 of the Offences Against the Person Act 1861. It refers to an assault or physical attack that causes harm to a person, but not severe enough to be classified as grievous bodily harm. This can include:

 

  • Cuts, scratches or bruises
  • Broken teeth
  • Minor bone fractures
  • Loss of consciousness
  • Depression or anxiety

Actual bodily harm is an either-way offence and can be tried in either the Magistrates’ Court or the Crown Court, depending on the severity of the case. Given the wide range of possible sentences for this crime, instructing expert ABH solicitors is essential.​

What is GBH?

To cause grievous bodily harm (sometimes referred to as unlawful wounding) is to seriously injure or wound a person. Injuries that come under this category include those that result in the following:

  • Long-term disability, disfigurement or loss of sensory function
  • Broken bones, including fractures
  • Significant blood loss requiring a transfusion, major treatment or substantial incapacity

The offence can be split into two categories as follows.

​​Wounding without intent 

To cause grievous bodily harm without intent, the defendant must have intended to cause some harm or been reckless as to whether harm might occur, but without specific intent to cause grievous bodily harm. Grievous bodily harm without intent is a breach of Section 20 of the Offences against the Person Act (1861). Depending on the severity of the attack, this case can be dealt with by the Magistrates’ Court or the Crown Court and carries a maximum sentence of seven years' imprisonment.

Wounding with intent

This is the most serious assault charge that can be brought, as outlined in Section 18 of the Offences against the Person Act (1861). For a successful prosecution, it must be proven that the accused intended to cause the victim serious injuries.

Intent is a critical component in Section 18 offences. The prosecution must prove that the accused specifically intended to cause serious injury. Factors that may indicate such intent include:

 

  • The attack was planned or repeated
  • The attack included kicking or using an offensive weapon to the victim’s head
  • An object was adapted, such as a glass broken, to use in an attack
  • A weapon was deliberately obtained for the attack
  • Previous threats had been made by the defendant to the victim

Cases of wounding with intent are dealt with in the Crown Court and can result in a maximum sentence of life imprisonment, making it crucial to have the expert guidance of our specialist Assault Solicitors

How are ABH & GBH offences proven in court?

The prosecution must prove both the ‘actus reus’ and the ‘mens rea’. The actus reus for ABH requires evidence that the defendant’s actions caused actual injury or harm that goes beyond minor discomfort and affects the victim’s health. For GBH, the injuries must be serious, such as significant wounds, broken bones, or permanent damage.

In terms of mens rea, the focus is on the defendant's state of mind at the time. For ABH, the prosecution needs to show that the defendant either intended to cause some harm or acted recklessly, knowing their actions could lead to injury. For GBH, the mental element differs depending on the charge. Under Section 20, it must be shown that the defendant foresaw the possibility of serious harm. Under Section 18, the most serious GBH charge, there must be clear intent to cause grievous injury or resist arrest.

At Draycott Browne, our specialist Assault Solicitors leave no stone unturned in scrutinising both the physical and mental elements of these serious allegations. Our aim is to challenge every aspect of the case, ensuring the best possible defence for our clients.

Specialist Assault Solicitors

  • 24/7 Availability
  • Proven Success in High Profile Cases
  • Non-Judgemental Representation Tailored to Your Situation

Protect your future with trusted, expert legal defence—contact Draycott Browne’s ABH & GBH Solicitors today.

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What are the defences for ABH & GBH? 

Facing charges of actual bodily harm or grievous bodily harm is a serious situation. There are a number of defences that may be available depending on the specific circumstances of your case, including:

 

  • Self-Defence or Defence of Others: If you used reasonable force to protect yourself or another person from an immediate threat.
  • Lack of Intent: If it can be shown that there was no intention to cause harm or that the injury was not foreseeable.
  • Duress: If you were forced to commit the offence under threat of death or serious injury.
  • Mistaken Identity or Alibi: If it can be shown that you were not present at the scene of the alleged offence or that you were wrongly accused.
  • Mental Incapacity: A defence may be available if a recognised medical condition prevented you from understanding your actions or controlling them.

Navigating the complexities of ABH and GBH defences requires an expert understanding of criminal law and an ability to build a robust case tailored to your specific situation. If you are facing charges of ABH or GBH, it is crucial to seek legal representation as soon as possible. Our dedicated team of Assault Solicitors is here to provide you with expert, confidential advice, guiding you through every stage of the legal process.

What are the penalties for ABH & GBH? 

The sentence for ABH or GBH depends on the harm caused, the defendant's culpability and any aggravating or mitigating factors. Depending on the circumstances, penalties can range from a community order to lengthy imprisonment.

Sentencing takes place under the Sentencing Code created by the Sentencing Act 2020, together with the relevant Sentencing Council guidelines.

Actual bodily harm – section 47 offence

ABH is an offence under section 47 of the Offences Against the Person Act 1861 and carries a maximum sentence of 5 years' imprisonment.

When deciding the sentence, the court considers the seriousness of the injury, the offender's culpability and factors such as use of a weapon, previous convictions, remorse or other circumstances surrounding the offence.

The current guideline sentencing range extends from a fine to 4 years' custody.

Grievous bodily harm – section 20 and section 18 offences

GBH offences are generally prosecuted under section 20 or section 18 of the Offences Against the Person Act 1861. The key distinction is the defendant's state of mind and, in particular, whether there was an intention to cause really serious harm.

Section 20 GBH Penalties carries a maximum sentence of 5 years' imprisonment, with a guideline range extending from a community order to 4 years and 6 months' custody.

Section 18 GBH Penalties is the more serious offence and can apply where there was an intention to cause grievous bodily harm, or in certain circumstances to resist or prevent lawful apprehension. It carries a maximum sentence of life imprisonment, with the current guideline range extending from 2 to 16 years' custody.

Other serious assault offences

Some conduct which might previously have been prosecuted as ABH or GBH is now covered by more specific offences.

The Domestic Abuse Act 2021 created the standalone offence of non-fatal strangulation or suffocation under section 75A of the Serious Crime Act 2015. It carries a maximum sentence of 5 years' imprisonment.

There is also a separate offence of common assault or battery against an emergency worker. The Police, Crime, Sentencing and Courts Act 2022 increased its maximum sentence to 2 years' imprisonment.

In every case, the exact charge and potential sentence will depend on the alleged conduct, the level of harm and the evidence available.

 

​What is an assault on a police officer?

Assaulting a police officer is considered a serious offence under the Assaults on Emergency Workers Act 2018. This legislation was updated to strengthen the legal protection for emergency workers like police officers to reflect the crucial role they play in society.

Assaulting an emergency worker is taken very seriously due to the vital role these individuals play in society. Emergency workers include police officers, paramedics, firefighters, NHS staff and other professionals engaged in emergency responses.

Examples of assaulting an emergency Worker

  • Physical Attacks: Punching, kicking, or using unlawful force against an emergency worker.
  • Resisting Arrest: Using force to resist a police officer during an arrest.
  • Obstruction: Deliberate actions that prevent an emergency worker from performing their duties, such as blocking their way or providing false information.

What are the penalties for assaulting an emergency Worker?

The Police, Crime, Sentencing and Courts Act 2022 has increased the maximum sentence for common assault against an emergency worker, including police officers, to 2 years' imprisonment. Offenders may also face an unlimited fine, a community order or both depending on the severity of the assault and other factors.

The maximum sentence for assaulting a police officer is up to 2 years’ imprisonment and an unlimited fine. The penalty for resisting or obstructing a police officer can include an unlimited fine and in some cases imprisonment.

Assaulting an emergency worker is a serious offence that can result in significant prison time, substantial fines and a permanent criminal record. If you have been accused of such an offence, it is crucial to seek expert legal representation immediately.

If you have been accused of assault or GBH, call Draycott Browne’s specialist Assault Lawyers today on +44 (0)161 228 2244 to discuss how we could help your case. We represent clients throughout the UK, so no matter where you live, please don’t hesitate to get in touch.

24 hour availability 

Arrests are rarely anticipated, which is why our legal advisors are on hand 24 hours a day, seven days a week, ready to assist you at the police station whenever you need us. If you have been accused of assault or GBH, call Draycott Browne’s solicitors who specialise in serious crime today on +44 (0)161 452 7674 to discuss how we could help your case.

Funding your defence

The level of preparation required in a GBH case can vary considerably depending on the charge, the injuries involved and whether issues such as intent, self-defence or causation are disputed.

Advice and representation at the police station are free. If you are charged, Legal Aid may also be available depending on your financial circumstances and the nature of the proceedings.

Private funding can provide greater scope to examine medical records, CCTV, witness evidence and phone material in detail, as well as to instruct appropriate experts where their input may assist. This can be particularly important in section 18 cases, where the prosecution must prove an intention to cause really serious harm, or where there is a dispute about how the injuries were caused.

Our Solicitors will explain the likely work involved, the funding options available and where additional preparation may be important to your defence.

Speak to an expert

Our legal team is available 7 days a week

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Contact Draycott Browne's Assault Solicitors

If you or a loved one is arrested on an assault charge, it is essential that you engage the expertise of professional Assault Solicitors who will be able to help and advise you on a defence strategy as soon as possible. Contact us today by calling +44 (0)161 228 2244. If you would like us to contact you, simply fill in our online enquiry form and a member of the team will be in touch as soon as possible.

As one of the UK's leading Criminal Law Firms, we are highly regarded nationally across the legal profession and noted for consistently delivering positive results for our clients. Our expert GBH, ABH & Assault Solicitors regularly act for clients in Manchester, Preston, Blackpool, Liverpool, Leeds, Nottingham, Birmingham, and London. As recognised criminal lawyers we can represent you wherever you live in England and Wales.

By entrusting us, you can be assured that you will be working with a team of highly skilled and experienced serious crime solicitors who have a thorough and comprehensive knowledge of this area of law, and have protected individuals in a wide range of cases.

Our legal team is available 24 hours a day, 7 days a week. If you need expert legal advice or representation, call us in confidence now. When you are facing the stiffest challenges, you cannot afford to settle for anything less than Draycott Browne

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