Common assault, in English law, is committed when a person causes another to apprehend the immediate use of unlawful violence against them. It is the least serious offense in the assault family, distinct from battery, which requires actual physical contact, and from more serious offenses such as assault occasioning actual bodily harm or grievous bodily harm, which involve real injury. Section 39 of the Criminal Justice Act 1988 sets the penalty for common assault in England and Wales at a fine of up to level five on the standard scale, up to six months imprisonment, or both, and later legislation such as the Assaults on Emergency Workers Offences Act 2018 has adjusted sentencing for attacks on emergency personnel.
Facts
Classification CodeCommon assault is a summary offence in England and Wales, with its penalty and mode of trial set by section 39 of the Criminal Justice Act 1988. 1 Typical PenaltyUnder section 39 of the Criminal Justice Act 1988, common assault carries a fine not exceeding level 5 on the standard scale, imprisonment for up to six months, or both. 1 Elements of OffenseA person commits common assault by performing an act, other than a mere omission, by which they intentionally or recklessly cause another person to apprehend immediate unlawful violence. 1 Notable ExampleIn Fagan v Metropolitan Police Commissioner, a driver who accidentally drove his car onto a police officer's foot and then refused to move it was held to have committed an assault, because the continuing act coincided with the required intent once he refused to remove the car. 1 Jurisdiction VariationEngland and Wales treats a racially or religiously motivated common assault as a separate, more serious offence under section 29(1)(c) of the Crime and Disorder Act 1998, rather than sentencing it as ordinary common assault. 1 Classification
Offense GradeMinor or Summary Offense 1 Connections
Has Offense Grade
Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.
Sources
1. Common Assault (Wikipedia)
WikipediaLead section
In England and Wales, the penalty and mode of trial for this offence is provided by section 39 of the Criminal Justice Act 1988.
Statute section
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.
Ingredients of the offence section
A person commits an assault if they perform an act (which does not for this purpose include a mere omission to act) by which they intentionally or recklessly cause another person to apprehend immediate unlawful violence.
Actus reus section, Fagan case sentence
Because of the steel toe cap in his boot, the policeman's foot was not in actual danger, but the Divisional Court held that this could constitute an assault.
Racially or religiously aggravated offence section
In England and Wales, section 29(1)(c) of the Crime and Disorder Act 1998 (c.37) creates the distinct offence of racially or religiously aggravated common assault.
View the Source Reader Challenges (0)
No disputes yet. Spotted an error or a better source? Open the first one.
Sign in to dispute this or suggest a correction.