What is the difference in charge between Assault by battery section 39 and ABH section 47?
These are UK offences. Battery is an assault where physical contact is made. ABH (Actual Bodily Harm) is a battery where there is some physical injury such as a bruise, cut, break of a small bone etc. The charge can be ‘bumped up’ if it becomes clear after charging that the degree of injury was worse than initially thought. The charge may well be reduced if the defence hint that there will be a plea to the lower charge or to prevent the case going to the Crown Court, where a trial would cost thousands of pounds, and keep it at Magistrates Court where it would cost hundreds of pounds.
