English law makes distinctions based on the degree of injury, between:

• common assault (which includes even the most minor assault), and:
• assault occasioning actual bodily harm (ABH).

Furthermore, English law also provides for the offense of grievous bodily harm (GBH). GBH may be committed by way of an assault, though an assault is not a necessary ingredient of either inflicting grievous bodily harm pursuant to s20 of the Offences Against The Person Act 1861 or causing grievous bodily harm with intent pursuant to s 18 of the same Act (R v. Ireland [1998] AC 147, per Lord Steyn at p. 160).

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Racially/religiously aggravated assault

If an assault is prosecuted as being racially or religiously aggravated, then it is triable either way (in the Crown Court or magistrates court). The maximum penalty in this case is up to two years' imprisonment, or a fine of up to the statutory maximum.

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Assault with intent to resist arrest

The offender may intend to resist either his own or someone else's arrest. This offense is also triable either way, and punishable by up to two years' imprisonment.

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Assault upon a constable in the execution of his duty

This offense is triable only in the magistrates court, so the maximum sentence is twelve months' imprisonment. The "starting sentence," however, is a short custodial sentence, and it is considered a more serious offense than common assault.

The constable (normally a police officer) must be acting "in the execution of his duty" for this offense to be made out. If he exceeds the remit of his duty (e.g. acts unlawfully in assaulting the Defendant), the offense will not be made out.

The Defendant does not actually have to be aware that the person he is assaulting is a constable (Forbes (1865) 10 Cox CC 362).

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See also

• Affray
• Battery (crime)
• Assault (tort)
• Street fighting
• Domestic violence
• Gay-bashing
• Hate crime
• Mayhem
• Misdemeanor
• Offences Against The Person Act 1861
• Terrorist threats
• Rape
• Sexual Assault
• Attempted Assault With A Deadly Weapon

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References

1. ^ Crime in the United States 2004: Aggravated Assault. Federal Bureau of Investigation.
2. ^ (RvG ref 6. 1980): see R v Brown (1993) 2 All ER 75)

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External links

Canadian Law and Self Defence: Truscott: This unique study of how the Criminal Code of Canada relates to self defence is supported by reference to over 60 actual court cases.

• Crime prevention: theory & practice
• H.R. 1997 / P.L. 108-212 Unborn Victims of Violence Act of 2004

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