A conviction for common assault or assault by beating leaves you with a criminal record for an offence of violence, with potential consequences for your career, professional standing and visa applications. Whether an allegation involves a partner or former partner, an incident on a night out or a dispute between neighbours, early legal advice can prove decisive.
Allegations involving a partner, former partner or family member are taken particularly seriously by the police and prosecution and may be treated as domestic abuse. You may face bail conditions preventing contact or returning home while the investigation continues.
At Reeds Solicitors, our criminal defence solicitors represent people accused of common assault and assault by beating, including allegations arising in a domestic setting.
We provide police interview advice and pre-charge representation, proactively exploring the full range of potential defence evidence. From the earliest stages of an investigation through to court proceedings, we work to challenge unsupported allegations, secure evidence that supports your account and put forward your defence.
Reeds is ranked Tier 1 in The Legal 500 and Band 1 in Chambers and Partners for criminal defence.
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What is Common Assault?
Common assault occurs when a person intentionally or recklessly causes another person to fear immediate unlawful violence. Physical contact is not required.
For example, threatening to strike someone or moving towards them in a threatening manner may amount to common assault. The person must either intend to cause that fear or recognise the risk that their behaviour will do so and take that risk.
What is Assault by Beating?
Assault by beating involves the intentional or reckless application of unlawful force to another person. Despite the name, an allegation of assault by beating does not necessarily involve punching or repeated blows. Even relatively minor physical contact can amount to the offence if it is unlawful.
Examples might include pushing someone during an argument, grabbing their arm or deliberately striking them.
The prosecution does not have to prove that the other person suffered a visible injury.
Defences
The available defence will depend on what happened and the evidence. Common defences include:
- Self-defence or defence of another person: You used reasonable force to protect yourself or someone else. An allegation may present you as the aggressor when you were responding to a threat, with important facts omitted or distorted.
- The alleged assault did not happen: The allegation may be false or based on a mistaken account of what happened.
- Accidental contact: Physical contact occurred accidentally, rather than intentionally or recklessly.
How We Can Help
Our solicitors have extensive experience defending common assault allegations. We can assess the strength of the evidence and give practical advice on how magistrates are likely to interpret disputed facts and assess the credibility of those giving evidence.
We have successfully defended many cases on the basis of self-defence and where the alleged assault simply did not occur. We consider how to put your defence in the strongest position at trial, including whether evidence of your good character could support your credibility and count against the allegation.
We carefully examine the prosecution’s evidence and disclosure, requesting further material that could assist your defence or undermine the allegation. We also explore the full range of defence evidence, including CCTV, phone footage, messages, photographs and witness accounts.
Where you intend to plead guilty, we carefully prepare your mitigation and supporting evidence to seek the lowest sentence possible in the circumstances of your case.
Common Assault and Assault by Beating : The Law
The main distinction is whether unlawful physical contact occurred. Common assault can involve causing someone to fear immediate unlawful violence without touching them. Assault by beating involves the application of unlawful force.
Both are generally prosecuted under section 39 of the Criminal Justice Act 1988 and are among the less serious types of assault, although the circumstances can still make an allegation significant.
If you have been accused of assault, obtaining advice before a police interview can make a considerable difference to how your case is handled. A criminal defence solicitor can obtain information about the allegation, advise you on the evidence disclosed by the police and explain your options during interview.
It is also sensible to preserve any evidence which may be relevant, including messages, CCTV details, photographs or the names of witnesses. Avoid contacting the complainant to discuss their allegation or persuade them to withdraw it. Even where you believe the accusation is false, further contact may complicate the investigation.
The maximum sentence for ordinary common assault or assault by beating is six months’ imprisonment and/or a fine. However, a custodial sentence is not inevitable. The sentence for common assault depends on the seriousness of the offence, the harm caused, the defendant’s culpability and any relevant aggravating or mitigating factors.
Under the applicable sentencing guidelines, the offence range extends from a discharge to 26 weeks’ custody. Depending on the circumstances, sentences can include fines, community orders or imprisonment.
The court will consider factors such as the level of force used, whether the complainant was particularly vulnerable, previous convictions and the consequences of the incident.
There is no fixed sentence ranging from a particular fine to a set number of months imprisonment for every case. Each allegation must be assessed individually.
Ordinary common assault and assault by beating are summary-only offences, meaning they are normally dealt with in the magistrates’ court. More serious criminal offences, including assault occasioning actual bodily harm (ABH) or grievous bodily harm (GBH), may be heard in the Crown Court.
Certain aggravated assault offences can also be dealt with in the Crown Court, and there are limited circumstances in which a common assault charge may be included alongside more serious charges.
Your solicitor can explain which court will deal with your case and what to expect at each hearing.
Frequently Asked Questions
Yes. Common assault does not require physical injury, and assault by beating can be committed without leaving a visible mark. The prosecution must still prove the elements of the offence.
An argument alone does not necessarily constitute common assault. However, threats or behaviour causing someone to apprehend immediate unlawful violence may amount to an offence.
Yes, a case may be discontinued if there is insufficient evidence or prosecution is not in the public interest. However, the complainant cannot simply decide to withdraw criminal charges. The police and Crown Prosecution Service make prosecution decisions.
Not necessarily. The court may impose a fine, community order or another appropriate sentence. Imprisonment is reserved for cases where the legal custody threshold is met and a custodial sentence is justified.
Yes. A voluntary interview can result in criminal charges, even though you have not been arrested. You are entitled to free and independent legal advice for a police interview.
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