Common assault UK: what it is, charges, sentencing and your legal options

A single shove, a threatening message or a heated confrontation can lead to a common assault allegation, and a criminal record that affects your job, travel and reputation. This guide explains the common assault definition, how it differs from battery and ABH, how common assault sentencing guidelines are applied, what the prosecution must prove, and the practical steps that can protect your position if you are charged with common assault. Seeking advice from a criminal law solicitor before a police interview or entering a plea can be crucial, as the decisions made at an early stage often have a major impact on the final outcome of the case.

Quick answer: What is common assault in the UK?

Common assault is causing someone to fear immediate unlawful violence or applying minor unlawful force. It is prosecuted under section 39 Criminal Justice Act 1988 as a summary offence. Under the common assault sentencing guidelines, the maximum penalty is six months’ custody or a fine.1.

Common assault: what it really means in practice (not just the legal definition)

In practice, common assault is defined by impact, not injury. The legal test is whether a reasonable person would have feared immediate unlawful violence or experienced minor unlawful force.

It does not require physical harm. The offence often centres on the psychological impact of immediate fear rather than injury.

Typical situations include:

• a shove that causes someone to stumble
• raising a fist so a person fears being struck
• a threat made in a confined or tense setting

Section 39 common assault explained: the legal framework in the UK

Section 39 of the Criminal Justice Act 1988 governs how common assault is prosecuted and sentenced in the UK. It classifies the offence as summary only, meaning cases are usually dealt with in the magistrates’ court and carry a maximum sentence of six months’ custody.

The underlying definitions come from case law: assault involves causing fear of immediate unlawful violence, while battery involves unlawful physical force.

Sentencing follows the common assault sentencing guidelines. Enhanced offences apply to assaults on emergency workers or where racial or religious aggravation is present.

Common assault vs battery vs ABH: the differences that change outcomes

The distinction between common assault, battery and ABH determines how a case is charged, heard and sentenced.

• Common assault: causing fear of immediate harm or minor force; summary only; maximum six months’ custody.
• Battery: actual unlawful physical force (for example, pushing or striking); often charged alongside or as common assault.
• ABH (section 47 Offences Against the Person Act 1861): requires actual bodily harm such as bruising or cuts; either-way offence with significantly higher sentencing powers.

What must the prosecution prove? (common assault points to prove)

To secure a conviction for common assault, the prosecution must prove each element beyond reasonable doubt. If any element fails, the charge fails.

They must establish:

1. Conduct: an act, gesture or words capable of causing fear of violence in that moment or involving minor force.
2. Causation: the conduct caused the victim to fear immediate unlawful violence or involved unlawful force.
3. Mens rea: the defendant intended, or was reckless as to, causing that fear or force.

Evidence includes witness statements, CCTV and phone data.

Defence focuses on breaking one element: no conduct, no reasonable fear, or no intent/recklessness. Mistaken identity, consent or lawful self-defence can defeat the charge.

Can words alone be common assault?

Yes, words alone can amount to common assault if they cause a person to reasonably fear immediate unlawful violence.

Case law confirms this. In R v Ireland and R v Constanza, the courts accepted that silence, words and repeated communications can create the required fear.

The test is objective: would a reasonable person in that situation have feared immediate violence?

Examples of common assault (real-life scenarios courts recognise)

Common assault often arises in situations people do not immediately recognise as criminal.

Less obvious examples include:

• spitting during a confrontation
• throwing an object that narrowly misses a person
• blocking someone’s path in a threatening way so they fear immediate harm
• repeated unwanted messages that create immediate fear in a specific context

For example, during an argument, A steps into B’s space and prevents them from leaving while making threats; B fears immediate violence. This can amount to common assault.

Case law, including Smith v Chief Superintendent of Woking Police Station, confirms that non-contact conduct can meet the legal threshold.

What actually happens after arrest for common assault (step-by-step timeline)

After arrest for common assault, the process follows a structured timeline.

1. Arrest and record: ask for a solicitor immediately; note time, location and officer details.
2. Custody or release: you are detained or released under investigation or on bail.
3. Interview under caution: conducted under the Police and Criminal Evidence Act 1984 (PACE); anything said may be used in evidence.
4. CPS decision: the Crown Prosecution Service reviews evidence and decides whether to charge.
5. First hearing: usually in the magistrates’ court; plea is entered and case managed.
6. Outcome: guilty plea leads to sentencing; not guilty proceeds to trial.

Common assault sentencing guidelines and penalties (including first offence)

Sentencing for common assault follows the approach set by the Sentencing Council, which assesses harm and culpability to determine outcome.

Typical penalties include:

• conditional discharge
• community order
• fine
• custody in more serious cases

The maximum sentence for common assault UK is six months’ imprisonment.

Mitigating factors reducing sentence include:

• early guilty plea
• genuine remorse
• previous good character
• first offence

Aggravating factors increasing sentence include:

• prior convictions
• use of a weapon
• targeting a vulnerable person
• repeated or sustained conduct
• racial or domestic aggravation

Can common assault charges be dropped or withdrawn?

Yes, common assault charges can be discontinued, but not simply because a victim withdraws support.

The Crown Prosecution Service applies two tests before continuing a case:

• evidential test: is there a realistic prospect of conviction?
• public interest test: is prosecution still justified?

Cases are often dropped where evidence is weak, inconsistent, or undermined by new material (for example CCTV or witness evidence). A successful “no case to answer” submission can also end proceedings before trial.

Will a common assault conviction affect your job or DBS check?

A common assault conviction can affect employment, disclosure and professional status long after the case ends.

Employers may take action where roles involve trust, safety or public contact. Disclosure on DBS checks depends on sentence and rehabilitation rules — some convictions become “spent”, but may still appear on enhanced checks.

Non-UK nationals may face immigration consequences, and regulated professionals can be referred to fitness-to-practice bodies.

FAQs

What is common assault? Common assault is causing someone to fear immediate unlawful violence or applying minor unlawful force, even without injury.

What is the maximum sentence for common assault? The maximum sentence is six months’ imprisonment or a fine under section 39 Criminal Justice Act 1988.

Can words alone be common assault? Yes. Words or silence can amount to common assault if they create immediate fear of violence, as confirmed in R v Ireland and R v Constanza.

General information only; not legal advice. For case‑specific guidance, consult a qualified criminal defence solicitor immediately.

Even minor incidents can lead to a criminal record. Act quickly: preserve evidence and challenge the prosecution early; timely legal advice often prevents conviction or reduces sentence.

Consult Qredible’s criminal defence solicitors

Act early to protect your record. Book a specialist criminal defence solicitor through Qredible for an urgent case review, evidence preservation and immediate representation at court.

NEXT STEPS:

• Preserve evidence: save messages, photos, CCTV times and witness names.
• Contact a solicitor: request an urgent initial review and funding advice.
• Attend court: never ignore a summons; secure representation for every hearing.