What happens if I get charged with common assault?

What happens if I get charged with common assault?

Yes, in some instances you can go to prison for common assault. Common assault has a maximum penalty of six months imprisonment and / or a fine. However, if you are being charged for the first time, a custodial sentence is unlikely, and a fine is the usual punishment.

Is common assault a serious charge?

The charge of Common Assault is the most common form of assault in the state of New South Wales. Although it is not the most serious charge when considering other types of assault offences, it may still have significant ramifications for a person, including a criminal conviction.

What is the offence of common assault?

Common assault is the offence of either applying unlawful force on another person or of making them afraid that immediate force will be used against them. It is not necessary for there to be an injury for a common assault to have been carried out. There are in fact two offences under this section.

Do you go straight to jail after sentencing UK?

After people are sentenced, they are taken from court and initially transported to the nearest reception prison for the first few nights. They may be relocated to another prison depending on the security category, nature of the crime, length of sentence, and other factors that may need to be taken into consideration.

What is the punishment for common assault in the UK?

Common assault: the maximum sentence is six months’ custody. if the assault is against an emergency worker, the maximum sentence is one year’s custody. if the assault is racially or religiously aggravated, the maximum sentence is two years’ custody.

Do first offenders go to jail UK?

It is especially rare for the Magistrates’ Courts to impose a custodial sentence on first-time offenders. Of the 249,000 individuals convicted or cautioned for a summary offence, only 521 (0.2%) were first-time offenders who received a custodial sentence.

How long does a police caution for common assault last?

If you admit an offence, the police can give you a caution. A caution is not a conviction. A caution is a warning which stays on your record for six years if you’re an adult, or two years if you’re under 18.

What happens if I accept a caution?

If there is sufficient evidence against you, and you refuse an offered caution, the police are likely instead to charge you with the offence which means you will have to go to court. By accepting the caution you avoid having to attend court and obtaining a criminal conviction on your record.

What is the lowest level of assault?

Simple assault, usually charged as a misdemeanor, is the least serious form of assault. It involves minor injury or a limited threat of violence. In states where assault is a physical attack, pushing someone or slapping someone in an argument are instances of simple assault.

Is common assault a summary offence?

Common assault and battery shall be summary offences and a person guilty of either of them shall be liable to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both.

Can a person be charged with common assault?

Common assault often involves the unlawful touching of another person i.e. where you make physical contact without their consent. This can include things such as punching, shoving and spitting and there does not need to be proof of any physical injury sustained by the alleged victim.

Which is an element of the offence of common assault?

An element of the offence of common assault is lack of consent so that the prosecution has to establish that the offence was committed without consent. However, a lack of consent can be inferred from evidence other than the direct evidence of the victim – CPS v Shabbir [2009] EWHC 2754 (Admin).

Which is more serious common assault or racial assault?

An offence of common assault can be regarded more serious if it is alleged that it was racially or religiously aggravated. A Racially/Religiously Aggravated Common Assault is an offence under the Crime and Disorder Act 1988. This offence can be heard in either the Magistrates’ Court or Crown Court depending on the seriousness of the offence.

What is the maximum sentence for common assault?

Common Assault is what is known as a ‘summary only’ offence meaning that it will almost always only be heard in the Magistrates” Court. Upon conviction, the maximum sentence that can be imposed is six months’ imprisonment, though other lesser sentences are available such as unpaid work in the community, or financial penalties.