Common assault (and battery)
Common assault means making someone expect immediate unlawful force, or actually using unlawful force on them however slight (battery). No injury is needed. It is the least serious assault offence in England and Wales and is normally dealt with in the magistrates' court.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Assault by beating, Battery, Section 39 assault |
|---|---|
| The law | Criminal Justice Act 1988, section 39 |
| Where it is tried | summary only. It is tried in the magistrates' court, although it can be added to a Crown Court indictment alongside a related more serious charge; the racially or religiously aggravated version and assault on an emergency worker are triable either way. |
| Maximum penalty | 6 months' imprisonment and/or an unlimited fine. Racially or religiously aggravated common assault (Crime and Disorder Act 1998, s.29): 2 years' imprisonment. Common assault or battery of an emergency worker: 2 years' imprisonment (see the separate entry). |
| Sentencing guideline | Sentencing Council: Common assault / Racially or religiously aggravated common assault / Battery / Common assault on emergency worker |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The defendant caused the other person to expect immediate unlawful force (an assault), or actually applied unlawful force to them, however slight (a battery).
- No injury is required: a push, slap, spit or unwanted touch can be enough, and threatening words or gestures can amount to an assault.
- The force used or threatened was unlawful, meaning it was not justified by self-defence, consent or other lawful authority.
- The defendant intended to cause the fear or apply the force, or was reckless about it (saw the risk and went ahead anyway).
Defences and common issues
- Self-defence or defence of another person: using force that was reasonable in the circumstances as the defendant honestly believed them to be (Criminal Justice and Immigration Act 2008, s.76).
- Consent, which covers ordinary everyday contact and properly conducted contact sports, but not deliberate harm.
- Accident or lack of intent or recklessness, for example an unintended collision in a crowd.
- Mistaken identity or a dispute about what actually happened, often tested with witness or CCTV evidence.
- In England only, a parent's reasonable punishment of their own child can be a defence to common assault; this defence was abolished in Wales from 21 March 2022.
Frequently asked questions
Is pushing someone common assault?
Yes, pushing someone can be common assault, specifically a battery, because it is the deliberate or reckless use of unlawful force, however slight. The person does not need to be injured. It will not be an offence if the push was reasonable self-defence, was accidental, or was ordinary contact that people accept in everyday life, such as brushing past someone in a crowd. Whether police take action often depends on the circumstances, the evidence and what the person pushed wants to happen.
Can you be charged with assault without touching someone?
Yes. In law an assault can be committed without any contact if you make someone expect that unlawful force is about to be used on them, for example by raising a fist, lunging at them or making a threat that they believe will be carried out immediately. Words alone can be enough. What matters is that the other person genuinely expected immediate force and that you intended this or were reckless about it. A threat of violence at some later time is not common assault, although it may be another offence.
Can you go to prison for common assault?
Yes. The maximum sentence for common assault is 6 months' imprisonment and/or an unlimited fine, and it rises to 2 years if the assault is racially or religiously aggravated or committed against an emergency worker. Many cases end in a fine, a community order or a discharge, but the court decides using the Sentencing Council guideline, looking at how much harm was caused and how blameworthy the defendant was. A conviction will appear on your criminal record.
Is there a time limit for charging common assault?
Yes. Because common assault is a summary-only offence, prosecution must normally be started within 6 months of the date of the alleged offence (Magistrates' Courts Act 1980, s.127). After that the magistrates' court cannot try it. The time limit does not apply to either-way offences such as actual bodily harm, racially aggravated common assault or assault on an emergency worker, so police may still charge those later. A solicitor can check whether a charge was brought in time.
Is assaulting a shop worker a separate offence?
Not yet. The Crime and Policing Act 2026, s.45, creates a new offence of assaulting a retail worker, with a maximum of 6 months' imprisonment and, where the prosecution applies, a duty to make a criminal behaviour order in many cases, but at the time of writing it is not yet in force. For now, assaults on shop staff are charged as common assault or a more serious assault, and courts must treat an assault on someone serving the public as an aggravating factor (Sentencing Act 2020, s.68A).
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Criminal Justice Act 1988, section 39
- Crime and Disorder Act 1998, section 29
- Magistrates' Courts Act 1980, section 127
- Crime and Policing Act 2026, section 45 (not yet in force)
- Sentencing Council: Common assault / Racially or religiously aggravated common assault / Battery / Common assault on emergency worker
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