Why did he get charged with common assault ?

[Namechange1299]

Sorry, name changed.

Ex has been charged with common assault and criminal damage. Due to go go court soon. Why not ABH ? I sustained a swollen black eye as he punched me a multitude of times. Police and myself have taken pictures of my injuries at the time.

It'll be because the charging standards for ABH are quite high, and it would need to be more than a black eye for that to be charged. I hope you are OK?

I think ABH would be something like a head butt so could kill or cause life threatening/changing injuries?

Really ? Online it says 'Common Assault" is when you don't physically harm a person but can include things like pushing, shoving, etc.

ABH is when you physically harm someone and the person has sustained an injury. I received a black, isn't that an injury ?

Ps I am very very sorry that that happened to you. What a fucking arsehole.

I was charged with ABH, from what I can remember it’s causing physical harm which doesn’t result in serious/longterm injury.

A black eye is an injury, but do you think it has been down played as ‘just’ a bruise?

simon I'm not sure. The medical report describes that I have a black bruise... can it be down played ?

ABH is an injury that would affect your health/wellbeing but not be permanent so in theory a black eye, cut to lip etc however it might have been deemed easier to secure a charge of common assault.

I think they want to charge him so are going for the easier conviction

I think it's because common assault is magistrates whether he goes guilty or not guilty, but if he goes not guilty on ABH it's crown, so it will be easier and quicker to convict and charge him and the resulting sentence is likely to be similar

Because Common assault is usual Im afraid for a black eye, ABH usually needs a weapon and/or kicking as well as punching.

Overcharging is frown upon as it is often seen as a means of getting people to plead to the lower charge.

So given your injuries and the fact there is no mention of a weapon or kicking Common assault is the natural charge Im afraid.

1 so it stays in Magistrates' Court
2 he's more likely to plead guilty

But go back to the police and ask for an explanation.

There are two different standards.... one is for arrest and one is for charge. If you look up the legislation a black eye would easily qualify as an ABH. In reality I’ve never known a simple black eye be charged with anything other than a common assault. You would need damage to the eye itself or much more extensive brushing over the body for you to reach the threshold of ABH. ( or for there to be aggravating factors like a weapon used). I know it seems like a confusion - particularly if you bothered to look up the legislation. Getting it dealt with at magistrates court is going to be the most expedient way forward.... if it was by some miracle charged with an ABH you can expect an extremely long drawn out process of getting it to trial with no guarantee of a prison sentence at the end of it. ( although if this is part of an ongoing domestic abuse situation you would be best to tell them about all behaviours even if there was no injuries as you might have other substantive offences)

Take a look at this. Hope it helps.

www.cps.gov.uk/legal-guidance/offences-against-person-incorporating-charging-standard