Assault and BatteryMeet the team
With penalties that range from a fine to 7 years imprisonment, a charge of assault or battery is not to be treated lightly. You want quality, experienced solicitors representing you – from the initial interview at the police station through to the Crown Court and, if necessary, the Court of Appeal.
For over 30 years, DPP Law’s team of battery and assault solicitors have been providing expert legal advice and ensuring that people have well-researched, robust legal defences.
We are a top 10 supplier of Criminal Defence Services. Our team has the experience and skill to examine all the available evidence and will work alongside you to build a strong legal defence against any battery or assault charges.
What is the Difference Between Assault and Battery?
Battery and Assault are two related (but separate) statutes under British Law.
Assault occurs when a person intentionally or recklessly causes another person to fear immediate and unlawful force against them. This means that physical violence is not required for a person to have committed assault, only inciting fear. Assault has several related subsections – including ABH and GBH.
In contrast, battery is committed when an individual intentionally or recklessly applies unlawful force against another person. This definition requires force to have been applied against another person.
For more information about the difference between assault and battery, please view our recent blog post on the subject.
You may be found guilty of battery or assault if it can be proven that you have committed any of the following acts:
- Common assault
- Aggravated assault
- Racially or religiously aggravated common assault
- Actual bodily harm (ABH)
- Premeditated ABH
- Actual bodily harm with intent
- Unlawful wounding with intent
- Grievous Bodily harm (GBH)
- Racially or religiously aggravated GBH
- Single-blow GBH
- Premeditated GBH / GBH with intent
Assault and Battery Frequently Asked Questions
What is an Example of Battery?
A common example of battery is where one person hits another person during the course of an argument.
It’s important to remember that battery doesn’t have to be a result of violence. Any physical contact can lead to a battery charge, including poking or pushing, assuming that this application of force was done with the aim of causing harm.
How are Assault and Battery Proven?
Battery and Assault (in particular ABH and GBH) are primarily proven through the existence of injuries. This is because the activities which are illegal under the statutes result in injury.
What is Worse – Battery or Common Assault?
Although they are separate statutes, battery is contained within the overall definition of assault. In terms of severity, according to the sentencing council, battery is considered to be ‘worse’ than common assault in terms of severity.
How Long Do Assault & Battery Stay On Your Criminal Record?
The amount of time a criminal conviction times on your record depends on the level of DBS check and the length of your sentence. A basic DBS check only shows unspent criminal convictions. A standard DBS check shows spent and unspent convictions, warnings, and reprimands.
What is The Maximum Sentence For Assault or Battery?
The maximum sentence for assault, as a baseline, is 5 years imprisonment. If the court finds the assault was racially or religiously motivated, they will add an additional 2 years to the maximum sentence. If, however, the assault was committed in an effort to commit GBH, the maximum sentence is life imprisonment.
Legal Advice From DPP Law
Contact the defence solicitors at DPP Law immediately if you have been accused of any form of assault or battery, or if you have been arrested after being involved in any kind of violent encounter.
We’ll be there to support and advise you from your arrest right through to your appearance in court, and we’ll provide you with the best possible defence.
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