Common Assault
Common assault is the most frequently charged offence against the person. Despite being considered the least serious, a conviction carries a criminal record, up to six months in prison, and can affect your employment, travel, and reputation.
About Common Assault
Common assault is defined under Section 39 of the Criminal Justice Act 1988. It does not require any physical injury to have occurred. The offence is committed where a person intentionally or recklessly causes another to apprehend immediate unlawful violence, or where unlawful force is applied to another person. This means that even a push, a slap, or spitting at someone can constitute common assault — and in some cases, the threat of violence alone is enough.
Common assault is a summary-only offence, meaning it is tried in the Magistrates' Court. The maximum penalty is six months' imprisonment, a fine, or both. In practice, sentences range from a conditional discharge for minor incidents through to short custodial sentences for more serious cases or where the defendant has previous convictions.
Many common assault charges arise from domestic incidents, pub altercations, road rage, or workplace confrontations. In a significant number of cases, the alleged victim and the accused know each other, and there are often conflicting accounts of what happened. Allegations can be exaggerated, fabricated, or the result of a misunderstanding — and they can be made by anyone, at any time, to the police.
The Crown Prosecution Service must prove beyond reasonable doubt that you either applied unlawful force to another person or caused them to fear immediate violence. If you were acting in lawful self-defence, if the force was accidental, or if the account given by the complainant is unreliable, there may be a strong basis to defend the charge.
Key Points
- Summary-only offence tried in the Magistrates' Court
- Maximum penalty of six months' imprisonment and/or a fine
- No physical injury needs to have occurred — the threat of violence can be sufficient
- Self-defence is a complete defence if the force used was reasonable in the circumstances
- A conviction results in a criminal record which may affect employment, travel, and DBS checks
- Early legal advice before a police interview is critical to the outcome of your case
Why Early Representation Matters
William Morrison handles every common assault case personally. From the moment you contact us, you will deal with William directly — not a junior, not a call handler. He will give you a frank assessment of where you stand, what the prosecution needs to prove, and what your realistic options are.
If you have been asked to attend a voluntary interview or have been arrested, it is essential that you receive legal advice before you answer any questions. What you say in interview can be the single most important factor in whether you are charged, and if so, whether you are convicted. We ensure you are properly prepared and represented.
Where a case proceeds to court, we prepare your defence thoroughly — examining witness statements, CCTV evidence, medical evidence, and any inconsistencies in the prosecution case. Where appropriate, we work with specialist criminal defence barristers to present the strongest possible case on your behalf.
Frequently Asked Questions
Common assault does not require any injury, or involves only very minor harm. ABH (actual bodily harm) requires an injury that is more than merely transient or trifling — for example, bruising, a black eye, or a broken tooth. The charge level is determined by the prosecution based on the evidence of injury. ABH carries a maximum of five years' imprisonment compared to six months for common assault.
Yes. Common assault includes causing a person to apprehend immediate unlawful violence. Raising a fist, making a verbal threat while moving towards someone, or any act that causes someone to genuinely fear they are about to be struck can be sufficient for a charge.
The decision to prosecute is made by the Crown Prosecution Service, not the alleged victim. Even if the complainant withdraws their statement or says they do not wish to proceed, the CPS can still pursue the case if they consider there is sufficient evidence and it is in the public interest to do so. This is particularly common in domestic assault cases.
A custodial sentence is possible but not inevitable. For a first offence with no aggravating factors, the court is more likely to impose a fine, community order, or conditional discharge. However, if the offence involves domestic violence, is committed against an emergency worker, or you have previous convictions, the risk of custody increases significantly. Early legal advice allows us to present your case in the best possible light.
A caution is not a conviction, but it is a criminal record. It will appear on enhanced DBS checks and may need to be disclosed to employers, professional regulators, and when applying for visas. You should never accept a caution without legal advice. If there is a viable defence to the allegation, accepting a caution means giving that up permanently.
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