What happens if you are charged with abh

This type of assault can be intentional or reckless but must have caused some physical harm to the victim. An experienced defence solicitor will have a strong understanding on how courts apply these characteristics to successfully reinforce a legal defence case, so do ensure you choose a solicitor with proven experience in this sector.

We can advise on all criminal charges that involve offences against the person, whether that be common assault, actual bodily harm or grievous bodily harm.

GBH covers two offences: Unlawful wounding or inflicting grievous bodily harm section 20, Offences against the person act How are they different from Common Assault? Are there any other types of assault? Can the sentences for assault charges be reduced? Read next article. Rapid Assist Form. This offence is committed when a person assaults another, causing Actual Bodily Harm any hurt calculated to interfere with the health or comfort of the victim.

If you are charged with ABH, the first step is to review whether it is the correct charge based on the allegation. We often see the CPS charging assault cases incorrectly. Once we have reviewed whether the charge is correct based on the allegation, we can decide whether you should be pleading guilty or not guilty.

Two questions are key in determining whether a serious injury has been sustained. Your ABH solicitors will review these questions in relation to the charge you face:.

The need for a number of stitches but not the superficial use of steri-strips , or a hospital procedure under anaesthetic would be good examples of an injury which is serious in nature. Psychological harm can also amount to ABH — but this needs to be more serious than transient emotions such as fear, distress or panic. It is therefore vital that you instruct ABH solicitors to prepare the best mitigation or defence for your case.

In this way, the offence is separated out into three categories of seriousness. Seriously harming a victim recklessly but without intent is classified as a Section 20 Assault — a less serious form of GBH. As the most serious form of assault, the sentences for individuals accused of GBH reflect this.

The primary factor in determining the sentence will be whether an offence is contrary to Section 18 intentional or Section 20 reckless. However other factors — such as the level of harm caused — will also be considered in determining an appropriate sentence length.

A conviction under Section 20 could sanction a maximum custodial sentence of 5 years, whilst under Section 18 the maximum could be a life sentence.

Usually sentences range between 3 to 16 years, but this depends wholly on the facts of the individual case. If the circumstances highlight any mitigating factors, this can indicate a lower level of culpability and result in a sentence as low as a community order. If you are arrested by the police for an assault charge, then your first step should be to seek immediate legal representation as the police begin to build a case against you from the moment you are arrested.

Contact us to discuss your options and how we can help you to prepare the best case for your defence from the outset. Nick Titchener, director and solicitor advocate of Lawtons, is a dedicated criminal solicitor with considerable experience in legal cases including sexual offences, violence and assault.

Nick also oversees the overall management of Lawtons Solicitors, a specialist firm of criminal law defence solicitors with branches across London, Hertfordshire, Bedfordshire and Essex. What the lockdown means for the CJS and cases already in the system. ABH vs.

About the author Nick Titchener, director and solicitor advocate of Lawtons, is a dedicated criminal solicitor with considerable experience in legal cases including sexual offences, violence and assault. Looking for expert legal advice?