Section 39 Assault By Beating Sentencing

Common assault is a summary only offence which means that it can only be heard in the magistrates court or youth court.

Section 39 assault by beating sentencing. Which factors increase culpability for common assault. The maximum punishment is 6 months imprisonment. There is a wide span of penalties available for a first offender on the.

Common assault s 39 assault battery assault by beating common assault is the least serious type of criminal assault in the english legal system. The offence is set out in section 39 of the criminal justice act 1988. Similarly to common assault the maximum penalty for assault by beating is 6 months in prison.

Assault by beating section 39 what are the sentencing guidelines in the uk. Section 20 7 assault occasioning actual bodily harm section 47 11 assault with intent to resist arrest section 38 15 assault on a police constable in execution of his duty section 89 19 common assault section 39 23 annex. Assault by beating three months imprisonment to run concurrently sending electronic communication with intent to cause distress or anxiety 12 months imprisonment to run concurrently.

The maximum sentence is six months imprisonment and cases can only be heard in the magistrates courts. Sentence should be used as the basis for the setting of a minimum term. It depends on the criminal record of the person concerned.

I was under the influence of alcohol and lashed out hit his nose and bruised it some blood. Fine bands and community orders. This offence is not designed to cover all assaults on police officers.

User guide for this offence. I have recently been charged with section 39 assault by beating battery on my partner. This is the lowest form of assault triable in a criminal court.