Common Assault: What to Expect If You’re Facing a First Offence Charge

Facing a criminal charge for common assault especially if it’s your first offence, can be a daunting and overwhelming experience. At Old Bailey Solicitors, our experienced criminal defence team understands the anxiety that comes with being charged, and we are here to help you understand the process and fight your corner.

What is Common Assault?

Common assault is one of the most frequently prosecuted offences in the Magistrates’ Court. It is defined under common law but is charged under Section 39 of the Criminal Justice Act 1988.

In simple terms, common assault occurs when a person either intentionally or recklessly causes another person to fear immediate unlawful violence. It does not necessarily involve physical contact, raising a fist or making threats can be sufficient if the victim reasonably believes violence is imminent. If minor physical contact does occur, such as pushing or slapping, it may still fall under the category of common assault, provided the harm caused is minimal. More serious injuries may lead to charges of actual bodily harm (ABH) or grievous bodily harm (GBH).

Summary-Only Offence: What Does That Mean?

Common assault is classified as a summary-only offence, which means it can only be tried in the Magistrates’ Court. It cannot be sent to the Crown Court for trial or sentencing, unless it is linked with more serious charges. The maximum sentence the Magistrates can impose is six months’ imprisonment, although custodial sentences are generally reserved for more serious or repeat offences.

First-Time Offenders: How Are You Likely to Be Treated?

If this is your first time facing a criminal charge, the court will take that into consideration as a significant mitigating factor. The Sentencing Council provides clear guidance that stresses rehabilitation over punishment for those with no previous convictions. Courts are more likely to view the incident as out of character, particularly if you show genuine remorse, take responsibility early, or were acting under provocation or emotional stress.

Even if you plead guilty, this can work in your favour. Entering a guilty plea at the earliest opportunity can result in a reduction of up to one-third of the sentence. For many first time offenders, this can mean the difference between a significant sentence and a more lenient outcome. However, aggravating factors (such as assault on a police officer, use of a weapon, or domestic abuse context) can increase the severity of the sentence.

Possible Outcomes

If you are convicted or plead guilty to common assault, the following are potential outcomes, especially for someone with no prior convictions:

1. Police Caution (Pre-Charge Disposal) – In minor cases, and where you admit the offence, the police may issue a simple or conditional caution instead of charging you. This avoids court altogether but does still constitute a criminal record.
2. Conditional Discharge – This is a lenient sentence which is more achievable for low level, first time assaults. The court takes no immediate action, but if you are convicted of another offence committed within a set period (usually 6–12 months), that new offence will be in breach of the conditional discharge which means that you can be brought back to court and resentenced for the original offence.
3. Fine – A financial penalty may be imposed, typically scaled to your income. First time offenders with mitigating factors may receive a fine as a proportionate and non-custodial sentence.
4. Community Order – This may include unpaid work (community service), rehabilitation programmes, or curfew requirements. These are designed to address the root causes of offending without involving prison.
5. Custodial Sentence (Imprisonment) – For a first-time offence, prison is rare unless the offence is particularly serious and there exist aggravating factors. For example, if the assault involved a weapon, strangulation, or occurred in a domestic setting. Even then, the court will consider whether the sentence can be suspended.

Sentencing Guidelines for Common Assault

Sentencing for common assault is governed by the Sentencing Council’s Magistrates’ Court Sentencing Guidelines, which divide offences into categories based on culpability and harm. The most serious cases (those involving deliberate or sustained attacks, targeting vulnerable victims, or assaults in domestic or public service contexts) fall into Category 1, where the starting point is a high-level community order, with a range up to 26 weeks’ custody.

Category 2 cases (medium culpability and/or harm) typically attract a low-level community order or fine, while Category 3 (least serious) cases carry a starting point of a Band A fine, with the option of a conditional discharge.

For first-time offenders involved in a minor or isolated incident, courts often consider non-custodial options, especially if there is evidence of remorse, provocation, or early admission of guilt.

How Old Bailey Solicitors Can Help

We specialise in representing individuals who are navigating the criminal justice system for the first time. We can assist you from the moment of arrest or police interview, through to court proceedings and beyond. Our role is to ensure you understand your options, protect your rights, and present the strongest possible case – whether you’re disputing the allegation or looking to minimise the consequences of a guilty plea.

If you require legal representation, contact Old Bailey Solicitors on 0207 8464 999 or at [email protected]