Understanding Assault and Battery

What is assault?

Assault occurs when someone intentionally or recklessly causes another person to fear immediate unlawful violence.

• No physical contact is necessary.
• Threatening gestures or words can be enough.
• Fear of harm must be immediate and genuine.

What is battery?

Battery is the actual application of unlawful force on another person.

• Even minor contact can count if not consented to.
• Can occur alongside assault.
• No injury is required for the offence.

Can assault and battery be committed recklessly?

A person may be guilty even without intending to cause harm if it was foreseeable their actions could cause fear or contact.

What are the penalties for assault and battery?

While these offences may sound relatively minor compared to more serious violent crimes, they can still lead to significant consequences. Common assault, which includes both assault and battery where no serious injury is caused, is typically tried in the Magistrates’ Court and can carry a maximum sentence of six months’ imprisonment and/or a fine. However, if the assault or battery results in actual bodily harm (ABH) or grievous bodily harm (GBH), the offence becomes more serious and can be tried in the Crown Court with correspondingly higher sentences.

What are the defences to assault and battery?

• Self-defence or defence of others.
• Lack of intent or recklessness.
• Consent, especially in sports or agreed physical contact.

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