Will I Go To Jail For Common Assault?
It is within the court’s sentencing powers to impose a custodial sentence for common assault.
As common assault is heard in the magistrates court, the maximum sentence they can impose is one of six months’ imprisonment. Cases of racially or religiously aggravated common assault can be sent to the Crown Court and carry a maximum sentence of two years’ imprisonment.
The court do have a range of other sentencing options, though. They can impose a financial penalty or a community order. They may also decide to suspend any prison sentence imposed, meaning it will only be served if a further relevant offence is committed within a certain period of time.