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Crime

ABH Solicitors

Actual Bodily Harm (ABH) is a grave criminal offence. Anyone convicted of ABH could face lengthy prison sentences, which highlights the importance of having specialist legal advice and representation.

At JD Spicer Zeb, our criminal defence solicitors have over 45 years of experience handling various cases, including those involving allegations of ABH. This experience and our industry-leading expertise put us in the best possible position to offer tailored support and build the strongest possible defence against the allegations you are facing.

Our primary focus is to help you avoid conviction for ABH. However, if this is not possible, we will strive to mitigate any penalties you receive as much as possible.

Our highly experienced ABH solicitors offer:

  • 24/7 legal support in person and over the phone, 365 days a year
  • Representation anywhere in England and Wales
  • Accredited Police Station Representatives to support you during a police interview

Clear, practical legal advice in  various languages (see our languages spoken)

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Recent Cases

There is limited recourse for you if you are falsely accused. Click a selection of the cases we have covered. The best thing you can do is to instruct an excellent solicitor from the outset.

Read more cases

Speak to our ABH solicitors today

For a free initial consultation on your legal position and the available options when defending an ABH charge, contact our local offices in LondonBirmingham or Manchester.

Our private criminal defence solicitors offer expert advice and representation to ensure that you receive a positive outcome for various offences.

For urgent advice at any time of day or night regarding ABH, please call our Emergency Number, 07836 577 556.

Our expertise with ABH

Over the previous 45 years, we have handled countless complex and serious criminal offences, including those involving ABH.

We have a comprehensive understanding of ABH law, how the prosecution will likely build their case against you and, importantly, what needs to be done to make the strongest possible defence.

Collectively, we have been recognised for our industry-leading expertise, which means we are well-positioned to offer legal guidance specifically tailored to your case's unique circumstances.

While many people see ABH as a less severe offence than grievous bodily harm (GBH), it is important to stress that it is still treated extremely seriously by the courts. Prison sentences of up to 5 years (7 years in racially or religiously aggravated cases) could be handed out, further emphasising the importance of instructing a specialist in building ABH defences.

Our team includes several police station representatives who are available to offer 24/7 support if you have been arrested for suspected ABH.

We have a detailed understanding of how various types of evidence should be handled in these types of cases, so we will be able to quickly identify any flaws in the case being presented against you and build the most robust possible defence in court.

Further, we have established very close relationships with many of the country’s leading specialist criminal defence barristers. You can, therefore, be confident that you will always receive the best possible legal advice and representation if your case goes to trial.

We are recognised for our ability to handle criminal law matters successfully through our Law Society accreditation for Criminal Litigation. We also hold the Lexcel accreditation for our consistently high standards of legal practice.

How can we help?

Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you. 

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED - 

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about  –

  • Whether we can take the case on and our relevant experience.
  • Public and private funding benefits.
  • Assistance in applying for legal aid where we are likely to accept instructions.
  • An outline of options in police interview only. We will not advise you on which option to adopt.
  • Providing our free written guide explaining the police station process.
  • The gravity of routine and day-to-day offences you face.
  • Consequences of not attending the court or police station.
  • Consequences of interfering with any witnesses.
  • Retaining any evidence in support of your case.
  • If possible an outline of the elements of the offence that the police or CPS must prove.
  • This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
  • Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

  • If we do not intend to take the case on.
  • Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
  • In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
  • Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
  • The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
  • The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
  • In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
  • If your relationship has broken down with your existing solicitor or several solicitors.
  • If you have been released under investigation and have already had a police station attendance. 
  • If you hold legal aid with another firm and seek a second opinion.
  • If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
  • To businesses.
  • Advising whether you were given good advice by your other solicitor.
  • Whether to decide to plead guilty or not guilty.
  • Whether you have an arguable defence in law or factually complicated defences.
  • Any advice you have had after your first court appearance.
  • Any advice on appeal on conviction or sentence.
  • If we feel we are unable to communicate with you.
  • If we are likely to be conflicted or breach our professional rules.

Pre-charge bail

If the police conduct an interview regarding an ABH charge, you may be released on pre-charge bail, which is usually just referred to as bail.

If you are released on pre-charge bail, you will usually be subject to several bail conditions. Common conditions include restrictions on movement, including non-contact with victims or being required to visit the police station at designated times. In domestic cases, for example, you may be prohibited from going to your matrimonial home.

To find out more about pre-charge bail, please use the links provided below:

Fees and funding

When dealing with fees and funding, we will always be clear and upfront about your options.

Legal Aid may be available in some cases, but this depends on the seriousness of the case and whether it will justify the grant of public funding.

To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:

Related offences

We also provide support and guidance on various other matters that are related to ABH, including:

Related cases

Common questions about ABH

What counts as Actual Bodily Harm?

Under Section 47 of the Offences Against the Person Act (OAPA) 1861, Actual Bodily Harm describes an assault which causes ‘some hurt or injury’ to an alleged victim. If physical, the injury does not need to be severe or permanent, but it does need to have caused a degree of pain or discomfort. If the injury is psychological, it must have been more serious than fear or anxiety and be supported by medical evidence.

It should be stressed that a person does not need to have intended to cause injury to be accused of ABH. There simply needs to have been an intention to cause another person to apprehend immediate unlawful force, or a recklessness as to whether this would occur.

An excellent example of an incident that might be considered ABH would be if Person A shoves Person B, causing Person B to fall and suffer a head injury.

There is often some confusion between ABH and GBH. By way of comparison, GBH describes an assault which causes serious harm, with injuries including permanent disability, disfigurement, broken bones, transmission of an infection and substantial loss of blood. Severe psychiatric injuries may also constitute GBH.

 What is the difference between ABH and common assault?

A person may be charged with common assault if they have inflicted violence on another person or made a person think that they are about to be attacked. Physical violence does not need to have taken place, which means that an act such as raising a first or issuing verbal threats could be enough for a crime to have been committed.

What are the penalties for ABH?

The potential penalties for ABH will vary depending on the nature of the offence and the legislation used:

  • Section 47 ABH sentencing guidelines
    • Maximum: 5 years custody
    • Offence range: Fine – 4 years’ custody
  • Section 29 Racially or religiously aggravated ABH sentencing guidelines
    • Maximum: 7 years custody

The severity of the sentence handed out upon conviction will be determined by an offender’s level of culpability and the harm caused. Additionally, various aggravating or mitigating factors will also be taken into consideration.

More information on the sentencing guidelines for ABH can be found on the Sentencing Council website.

What are my rights when arrested for Actual Bodily Harm?

If you are arrested for ABH and taken to a police station for questioning, you will always be entitled to receive legal representation. This could be in the form of a duty solicitor or one of your choosing.

It is essential that you never answer any police questions without a solicitor present to advise you.

What defence is there against a charge of actual bodily harm?

The ABH defences available to you will depend on the exact circumstances of the case and the evidence to which the prosecution has access. For example, it may not be possible to contest that your actions caused someone else an injury, but it could be argued that the injuries do not amount to ABH, you were acting in self-defence, or there were other mitigating circumstances.

Your criminal defence solicitor will be able to carefully assess your case and advise you on the best course of action when building your defence.

Contact our criminal offence solicitors now

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

You can contact a member of our dedicated team of ABH solicitors in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will respond as soon as possible.

24/7 legal representation for ABH

Please get in touch for a free initial consultation with one of our experts in ABH criminal law, as well as for immediate advice and representation.

Our private criminal defence solicitors offer expert advice and representation to ensure that you receive a positive outcome for various offences.

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556 and we will provide you with the urgent assistance you need.

How can we help?