Offences Against the Person

About Offences Against the Person

Offences against the person are criminal charges involving allegations of physical harm or the threat of harm to another individual. They are prosecuted under the Offences Against the Person Act 1861 and the Criminal Justice Act 1988, and range from common assault — which can include any unwanted physical contact or the fear of it — through to wounding with intent, one of the most serious charges in English criminal law.

The classification of the charge depends largely on the level of injury caused. Common assault carries a maximum sentence of six months' imprisonment. Actual bodily harm (ABH) — any injury that goes beyond trivial, such as bruising or a broken tooth — carries up to five years. Grievous bodily harm (GBH) involves serious injury and carries up to five years for the basic offence, or life imprisonment where intent to cause serious harm is proven. Affray, which involves the use or threat of unlawful violence causing a person of reasonable firmness to fear for their safety, carries up to three years.

Many of these cases turn on disputed accounts of what happened, self-defence arguments, the reliability of witnesses, or whether the level of injury justifies the charge brought. A charge of GBH may properly be an ABH; an allegation of ABH may amount to no more than common assault. The difference between these charges can mean the difference between a community order and years in prison.

Getting professional representation at the earliest opportunity is critical. The decisions made in the first hours and days — what is said in a police interview, whether to accept or challenge a charge, how evidence is preserved and examined — shape the entire course of your case. Early involvement means we can advise you before you say anything that could be used against you, and begin building your defence while the evidence is fresh.