ABH charge: What's the likely outcome?

If you are facing an ABH charge, the likely outcome can vary considerably. One of the most important factors that can affect your chances of avoiding conviction, or the type of ABH sentence you receive on conviction, is the quality of your legal defence. It is also important to understand exactly what you are up against so you are prepared for what is to come.

In this article, we discuss what an ABH charge is, whether you can be charged with ABH if the victim was not physically injured, the difference between actual bodily harm and grievous bodily harm, in what court an ABH prosecution would be heard, the sentence for ABH, factors that affect ABH sentencing and possible legal defences for an ABH charge.

While we hope this information is useful, please note, it should not be taken as legal advice. If you need legal support, then please get in touch and our team can advise you.

What is an ABH charge?

Actual bodily harm (ABH) is a specific criminal offence in England and Wales. It refers to an offence where the victim suffers physical harm as a result of assault or battery, but the harm is not so serious that it can be classed as grievous bodily harm.

The offence of actual bodily harm is defined under Section 47 of the Offences Against the Person Act. There is no requirement that the harm suffered be serious and it can include everything from minor injuries, such as scratches, scrapes and bruises, as well as more serious injuries, such as broken bones and concussions.

Crucially, there is no requirement to show that the offender intended to cause harm to the victim. When considering an offence of ABH, police charge people both where they believe there was intent to harm and where they believe the alleged offender was reckless as to the possibility of harm.

So, for example, if Person A shoves Person B causing Person B to fall and suffer a head injury, then an ABH charge is a likely outcome depending on the severity of the injury.

Can you be charged with ABH if the victim was not physically injured?

ABH specifically refers to situations where the victim has suffered a physical injury, so if there is no evidence of a physical injury, then an ABH charge is unlikely but not impossible. 

However, it is possible that you could still be charged for a lesser offence, such as common assault or battery. Common assault is where it is alleged that the defendant caused the victim to fear that unlawful force would be used against them, either intentionally or through reckless behaviour. Battery is where is it alleged that the victim had unlawful force used against them by the defendant, again, whether intentionally or recklessly.

What is the difference between actual bodily harm and grievous bodily harm?

Actual bodily harm and grievous bodily harm are separate criminal offences. Essentially, the difference is the level of physical injury suffered by the victim.

Where the injury or injuries are relatively minor and likely to be short-lived, then an ABH charge is the most likely outcome. Where the victim’s injuries are more serious and likely to be longer lasting, then a charge of grievous bodily harm may be a possibility.

The sentence for grievous bodily harm can be much more severe than for actual bodily harm, so if you are facing these types of charges, establishing the difference can be very important.

Would a charge of ABH go before a Crown Court or a Magistrates’ Court?

Actual bodily harm is a triable either-way offence, meaning it could be heard in either Magistrates’ Court or Crown Court.

A Magistrates’ Court can only hand down a maximum sentence of 6 months’ imprisonment for a single offence. This means that if it is likely that an ABH conviction would result in a sentence of less than 6 months in prison, then a Magistrates’ Court might hear the case, otherwise, it will go to the Crown Court.

What is the sentence for an ABH charge?

The maximum possible ABH sentence is five years imprisonment (uplifted to seven years for racially or religiously aggravated ABH). However, many factors can affect the actual sentence you would receive if you were convicted. If you are facing an ABH charge for a first-time offence, the likelihood is that you would not receive such a serious sentence unless there were significant aggravating factors.

If you are facing an ABH charge, sentence guidelines specify that you could be given anything from a fine or suspended sentence up to the maximum of five years’ imprisonment. Whether you are convicted and, if so, what sentence you receive is likely to depend substantially on the strength of your legal defence, so having the best team in your corner can be critical.

The likely penalty normally depends upon many factors, including how you plead, any previous convictions and if genuine remorse is shown. The court will decide the defendant’s level of culpability combined with the level of harm or injury caused to the victim.

Sentencing guidelines

Sentencing guidelines for ABH will vary depending on the nature of the offence and the legislation used:

• Assault occasioning actual bodily harm – Section 47
  • Maximum: 5 years custody
  • Offence range: Fine – 4 years’ custody
• Racially or religiously aggravated ABH - Section 29
  • Maximum: 7 years custody

What factors affect ABH sentencing?

Factors that may affect an ABH sentence can include:

• The level of physical injury the victim experienced
• Whether the offender intended to harm the victim or not
• The offender’s level of culpability e.g. whether a weapon was used and, if they were part of a large group that committed the offence, what role they played
• Any reasons that the victim might be considered vulnerable e.g. their age or whether they had a disability
• Racial or religious motivation
• The use of weapons
• Whether the defendant pleads guilty and, if so, at what stage of proceedings

What legal defences are there for an ABH charge?

What defence options there are for an ABH charge will depend on the circumstances, but there can often be several different options a defence might use. Having the right team supporting you can help to ensure that you form the strongest possible defence.

If you dispute either that an assault resulting in actual bodily harm took place or, if it did, that you were involved, then your defence team’s job will be to establish reasonable doubt as to your guilt.

If you wish to plead not guilty to actual bodily harm, then your defence will typically revolve around establishing the factors below:

The factors below are defences and can also amount to mitigation if you are found guilty:

• That you were acting in self-defence - see our detailed article concerning self- defence which was reasonable and proportionate.
• Use of force in the prevention of crime - You used reasonable force to prevent a crime from taking place or to assist in a lawful arrest. This could occur if you cause injury in an attempt to prevent an assault on someone.
• That you were part of a group that committed an offence and you played only a minor, subordinate role and that you were not a participant in the offence by encouragement or otherwise.
• That you did not commit it intentionally or recklessly i.e. that you were incapable of understanding the consequences of your actions at the time of the alleged offence providing this was not reckless such a failure to take medicine etc.

Alcohol or drugs known as self-induced intoxication is not a defence. You may be able to argue that lawfully prescribed medication caused you to act in a certain way.

• You may be able to argue and defend a charge of ABH on the basis that the victim consented to the activity such as low-level sexual play.
• Mistakenly causing ABH or accidentally causing of ABH during reasonable sports or activities where you are not reckless or dangerous.

Credit for guilty plea

In short, where a guilty plea is indicated at the first stage of proceedings, you could receive a reduction from 1/3 of the penalty.

More information regarding the potential outcomes for indicating a guilty plea can be found here.

Related offences

Please note that our expert solicitors also provide advice and support with various related offences, including:

• Common assault
• GBH
• Violent crime
• Racially or religiously aggravated offences

Fees and funding

We are transparent on costs at all times, no matter your circumstances.

If you need to attend court, legal aid public funding will be available in some cases, based on the seriousness of the case justifying the grant of public funding.

For clients who do not qualify for legal aid public funding, the alternative option will be to fund their case privately.

To find out more about the way we handle fees (both legal aid public funding and private fees), please use the links provided below:

• Our Fees – Crime Cases
• Do I Qualify for Criminal Legal Aid?
• Bespoke Crime Private Fee Service
• Will Your Private Legal Costs Increase?
• Do We Offer Free Consultations?

Speak to our criminal lawyers about a charge for ABH today

If you have been arrested or charged in relation to an ABH charge, the likely outcome can change significantly depending on the quality of your legal defence.

If you are due to attend the police station for an interview for allegations of ABH, or require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

You can contact our specialist criminal defence lawyers in London, Birmingham and Manchester by telephone on:

• Brent & Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 criminal defence

Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice about an ABH charge.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.