Criminal Law

Actual Bodily Harm (ABH) Solicitors in Brighton

If you have been charged with Actual Bodily Harm (ABH), you need experienced legal representation to protect your rights and secure the best possible outcome.

Criminal Defence

Expert Defence Against ABH Charges

Our Brighton-based criminal defence solicitors have extensive experience defending clients against ABH allegations and understand the serious implications these charges can have on your life and future.

Whether you are facing ABH charges following a dispute, an altercation, or a misunderstanding, we are here to provide expert legal advice and robust representation throughout the entire process. We do not judge. We look at the facts and we fight for the best possible outcome for your situation.

Our solicitors are not only outstanding legal minds, but also proficient advocates and all levels of the criminal process so that you have the right voice speaking for you, both with the Police and in Court, throughout the whole Court process.

Why choose our ABH solicitors

Extensive experience defending ABH allegations
Non-judgmental - we look at the facts
Expert advocates at all court levels
24-hour emergency police station representation
Transparent and competitive fee structures

The Law

Understanding ABH Charges

Actual Bodily Harm is a criminal offence under Section 47 of the Offences Against the Person Act 1861. An ABH charge is brought when an assault results in injuries that are more than minor or trivial but less serious than Grievous Bodily Harm (GBH).

The prosecution must prove that you committed an assault (either by applying unlawful force or causing someone to fear immediate violence) and that this assault caused actual bodily harm. Importantly, there is no requirement to prove that you intended to cause the injury. It is sufficient that you intended the assault or acted recklessly.

ABH is considered a “triable either way” offence, meaning it can be heard in either the Magistrates’ Court or the Crown Court, depending on the severity of the case. The maximum sentence is five years’ imprisonment, although many cases result in lesser penalties such as community orders, fines, or suspended sentences.

Typical injuries that may lead to ABH charges

Bruising or swelling
Minor fractures or broken bones
Cuts requiring stitches
Temporary loss of consciousness
Extensive bruising
Psychological harm or psychiatric injury

How We Help

How Our ABH Solicitors Can Help

Facing ABH charges can be frightening and overwhelming, particularly if this is your first experience with the criminal justice system. Our criminal defence team will work closely with you from the moment you contact us to build a strong defence strategy tailored to your specific circumstances.

Martin Cray holds a Higher Courts Advocacy Certificate (Criminal) and regularly represents clients in Crown Court jury trials, giving you the advantage of continuity and expertise throughout your case.

Martin Cray is a fantastic lawyer. He is very thorough, professional and personable. He worked tirelessly on my case and achieved an excellent result. I would highly recommend him to anyone requiring legal representation. - Name withheld, Criminal Defence

We will

Provide immediate advice if you are arrested or questioned by police
Attend police station interviews with you to ensure your rights are protected
Thoroughly review all evidence, including witness statements, medical reports, and CCTV footage
Identify weaknesses in the prosecution's case
Explore all possible defences, including self-defence, defence of another, or lack of intent
Challenge the medical evidence and severity of injuries where appropriate
Represent you in court with confidence and expertise
Work to secure an acquittal, a reduced charge, or minimal sentencing

Your Defence

Potential Defences to ABH Charges

There are several defences that may be available depending on the circumstances of your case. Our experienced ABH solicitors will carefully review every aspect of your situation to identify the strongest possible defence strategy.

Self-Defence or Defence of Another

If you were protecting yourself or someone else from immediate harm, this may provide a complete defence to ABH charges. We will gather evidence to demonstrate that your actions were reasonable and necessary in the circumstances. The law recognises that you have the right to use reasonable force to defend yourself or others.

Lack of Intent

While ABH does not require proof that you intended to cause harm, it does require proof that an assault occurred. If the injury was accidental or unintended, and there was no assault, this may form the basis of your defence.

Consent

In limited circumstances, such as during contact sports, medical procedures, or other activities where physical contact is expected and agreed upon, consent may be a defence. However, this is a complex area of law and requires expert legal analysis.

Mistaken Identity

If you were not the person who caused the injury, we will work to challenge the identification evidence and demonstrate that you have been wrongly accused.

Challenging the Medical Evidence

In some cases, the injuries may not meet the threshold for ABH, or the medical evidence may be unreliable or exaggerated. We will instruct independent medical experts where necessary to challenge the prosecution’s case.

Possible defence strategies

Police Interviews

Police Station Representation

Please do not think that just because you have “nothing to hide” it is appropriate to face a professional detective, in a recorded interview, alone. What you say (or don’t say) during a police interview can significantly impact whether you are charged and how the prosecution builds their case against you.

We offer 24-hour emergency representation at police stations throughout Brighton and the wider Sussex area. Call our emergency number on 07395855445 to secure immediate legal advice and representation.

Please note that we do not offer legal aid and a payment on account of £1,000 + VAT will be required to secure the attendance of a qualified solicitor outside business hours.

Warning - police interviews

If you have been arrested or asked to attend a police interview in connection with an ABH allegation, it is vital, in our opinion, that one of our criminal defence solicitors attends with you. What you say (or don’t say) during a police interview can significantly impact whether you are charged and how the prosecution builds their case against you.

Court Process

The ABH Court Process

If you are charged with ABH, your case will typically follow this process:

First Appearance

You will appear at the Magistrates’ Court for an initial hearing where you will enter a plea of guilty or not guilty.

Allocation

If you plead not guilty, the magistrates will decide whether the case should remain in the Magistrates’ Court or be sent to the Crown Court. This decision is based on the seriousness of the offence and the likely sentence if you are convicted. You also have the right to elect for trial by jury in the Crown Court.

Trial

If your case goes to trial, the prosecution will present their evidence, and we will cross-examine witnesses and present your defence. Our goal is to create reasonable doubt or demonstrate that you have a valid defence.

Sentencing

If convicted, the court will consider sentencing, which can range from a conditional discharge to imprisonment, depending on the severity of the offence and your personal circumstances. We will present strong mitigation on your behalf to minimise any sentence.

Throughout this process, we will be by your side, providing clear advice and strong representation at every stage.

The court process at a glance

Domestic Cases

ABH in a Domestic Context

If you are charged with ABH in a domestic context (such as against a partner, family member, or someone you live with), the offence is treated more seriously by the courts. Domestic violence cases often involve additional considerations such as restraining orders, bail conditions, and the impact on children.

We have extensive experience defending clients in domestic ABH cases and understand the complexities involved. We will work to present the full context of the incident and ensure that your side of the story is heard.

If you are also facing allegations of coercive control, harassment, or other domestic offences, we can provide comprehensive representation across all charges.

Additional considerations in domestic cases

Restraining orders and bail conditions
Impact on children and family
Coercive control or harassment allegations
Comprehensive representation across all charges
Full context of the incident presented

Aggravated Offences

Racially or Religiously Aggravated ABH

If the ABH is alleged to have been racially or religiously motivated, you may be charged under Section 29 of the Crime and Disorder Act 1998. This is a more serious offence with a maximum sentence of seven years’ imprisonment.

The prosecution must prove not only that you committed ABH but also that the offence was motivated by hostility based on the victim’s race or religion. We will thoroughly challenge this element of the prosecution’s case and work to secure the best possible outcome.

Key facts about aggravated ABH

Our Credentials

Why Choose Martin Cray & Co for ABH Defence?

We regard ourselves as “Trial Lawyers” with extensive experience at the highest level of criminal defence. Our firm has successfully defended clients against a wide range of assault charges, from common assault to the most serious allegations of violence.

Martin Cray and James Yates have all obtained acquittals on serious assault charges and have extensive experience in cross-examining medical experts and challenging prosecution evidence.

When you choose Martin Cray & Co, you are choosing a firm that will fight tirelessly for the best possible outcome in your case.

We pride ourselves on

A client-focused approach that puts your needs first
Clear, honest advice at every stage of the process
Thorough case preparation and meticulous attention to detail
Strong advocacy in court, including Crown Court jury trials
A non-judgmental approach: we are here to defend you, not to judge you
Competitive pricing and transparent fee structures

Contact Us

Get Expert ABH Defence Advice Today

If you are facing ABH charges, time is of the essence. Early legal advice can make a significant difference to the outcome of your case. Our criminal defence team has the experience, expertise, and determination to give you the best possible chance of success.

Please do not hesitate to contact our Brighton criminal defence team today. We are here to help you navigate this difficult time and protect your future.

Call us on 01273 673 226 or email [email protected] to arrange a confidential consultation. We are just a phone call away and ready to hear from you.