Offences against a person includes a wide range of offences, the spectrum encompassing all the way through from Murder to Common Assault. Whatever offence you face Gepp Solicitors have extensive and unparalleled experience to deal with any matter and will ensure you are certain of the best result possible.
Any individual who causes Grievous bodily harm with or without intention will be liable to an offence and subsequently face a custodial sentence in particular circumstances.
Assaults are charged relating to the level of injury caused and within the GBH bracket whether that was intended or otherwise. The settled case law is that the injury for GBH should encompass ‘really serious harm’. This often relates to broken bones or the like. It is important to note that there is no legal requirement for the injuries to be long-term or permanent, although this is an aggravating feature. The main difference between the two offences is that in order for the Prosecution to prove an individual has committed S18 GBH they must prove that there was intention to cause unlawful harm. This upholds a maximum custodial sentence of life imprisonment.
Sentencing guidelines for S18 GBH with the sentencing range being a custodial sentence from 2-16 years. For s20 GBH the maximum custodial sentence is 5 years unless the offence is religiously or racially aggravated which rises to 7 years custody. S18 GBH is indictable only meaning it must be dealt with by the Crown Court, whereas s20 GBH is either way so can be dealt with there or at the Magistrates Court.
S47 Offences Against the Person Act, Assault causing actual bodily harm means that an individual who intentionally or recklessly assaults another causing actual bodily harm is liable of an offence. The Prosecution are required to prove that the act caused bodily harm. Psychological harm is also included under this offence.
ABH can be dealt with at either the Magistrates or Crown Court, and has the maximum sentence of a 5 year custodial sentence unless it is religiously or racially aggravated where the maximum then increases to 7 years custody.
Common Assault or Assault by Beating relate to assaults where there is said to be little or no injury caused. Potential defences against such allegations include self-defence amongst others.
It is of integral importance that expert representation is sought for all such matters at the earliest opportunity as throughout from the police station interview to court important and skilled guidance is a necessity to ensure you are fully supported with the most successful result secured for you at the earliest point possible.
Contact Elizabeth Bradshaw on:
Call: 01245 369889 or
email: bradshawl@gepp.co.uk
If you want to find out more about the services we can offer you, please feel free to get in touch.
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