How bad is a section 39?
Section 39 common assault or battery (use of physical force) is the lowest form of violence to the person. However, it still carries the possibility of a prison sentence. This offence is often charged where there is no serious injury but there are bruises, grazes or lesser injuries.
What is the usual sentence for common assault?
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.
What happens if you’re charged with common assault?
Common assault carries a maximum penalty of six months in prison and/or a fine. A person charged with a first offence is likely to receive a fine rather than a custodial sentence.
What is common assault section 39?
Common assault is an offence in English law. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. In England and Wales, the penalty and mode of trial for this offence is provided by section 39 of the Criminal Justice Act 1988.
What happens if you plead not guilty to common assault?
Pleading not guilty means that you say you didn’t do the crime, or that you had a reasonable excuse for doing so. The court will then have a trial to decide whether you did. If the court decides that you did, this means you will be convicted, and the court will decide what sentence to give you.
Is common assault a serious Offence?
This offence is a common assault on police or prison officers acting in the execution of their duty, or on a person helping them. If an assault leads to more significant injury than is covered by common assault then the attacker would potentially be guilty of a more serious offence – either ABH or GBH.
Is it better to plead guilty or go to trial?
Having a guilty plea or a no contest plea on the record will look better than having a conviction after a trial. This is partly because the defendant likely will plead guilty or no contest to a lesser level of offense or to fewer offenses. Often, a plea bargain involves reducing a felony to a misdemeanor.
What does section 39 of the Criminal Code mean?
Section 39 – Common Assault. Assault charges are surrounded by ambiguity, the common confusion between assault and battery offences means that Defendants don’t often fully understand the details of the offence that they’ve been charged with; something which is key to them understanding their trial and possible sentencing.
Can a person go to prison for a common assault?
Common assault is the least serious of the assault charges. It is governed by s39 of the Criminal Justice Act 1988. Whether you will go to prison for a common assault first offence depends on a number of factors. All offences before the courts have sentencing guidelines. The court must follow the guidelines unless there are good reasons not to.
Can a person be charged with assault in the Crown Court?
Assault is a term used to describe any offence committed against another person. It can be dealt with in either the Crown Court or Magistrates’ Court, depending on the title and severity of the offence in question.
What’s the maximum sentence for common assault in UK?
Common assault is a criminal offence under UK law. The offence is categorised into three levels: Category 1 – the most severe degree of common assault. Maximum sentence of 26 months in prison Category 2 – a medium degree of common assault. Maximum penalty of a high level community order