Question about an assualt charge?

Question

ok well i've been charge with assault by beating and the case is up in front of the magistrates court in September and i was wondering what the likely outcome of the case is going to be, I’ll give a little detail into the case.

Well it steams from a rather stupid evening in May this year. Me and my G/F had been on a 3 day drinking bender of sorts, so at the stage, we where both extremely intoxicated. We'd been out with a few friends and some how got into a verbal disagreement. Steaming from this i walked off and returned to our flat but having no keys i some how managed to break in but cut my hand quite badly during the process. Now for some reason possibly due to this injury i went a little mental and wreaked the flat and then fell asleep.

later on that night my g/f returned to the flat and justifiably started freaking out at me due to the state of the place and called her mother to come over. After getting off the phone she continued to freak out at me over my silly actions and punched me in the face a few times for good measure. I pushed her away from me and she fell and she then ran out of the flat and her mother arrived.

She came back into the flat and continued to throw a few punches at me and i've held her away from me and then pushed her back. At this time her mothers entered the flat and called the police.

So the police have arrived arrested me and thrown me in the cells. Found out i was charge with criminal damage and command assault under section 39. I pleaded guilty to criminal damage and not guilty to command assault.

This was the end of the relationship from my stand point at this time but after a few weeks of no contact on either side. I get a call from my ex saying that as she was drunk when she first gave a statement she changed her statement to bring it into line with my own. Basically saying that although i pushed her away from me it was only due the fact she was trying to punch me in the face at the time.

Now the cps has decided to prosecute me on the statement from her mother, a statement which after reading in case management appeared backs up part of my statement. Basically it read she says me holding and pushing back her daughter but every time i stop her daughter returned to striking me.

So I’m a little confused anyone have any idea how this is going to end up. Am I looking at prison time or a fine or will the case even stand up in court ?

Now please can i ask for some advice or answers rather that just being called a wife beater. I know and find that sort of behavior abhorrent myself.

Answer 1

am sure your ex's statement will carry weight even tho the prosecution is based on her mums allegations-am no expert but would say almost certainly no to prison (know someone who had prison sentence for assault and it was far more serious than that )-the criminal damage may stand -think it may be a fine and community service.I think it will be seen as a drunken skirmish.

keep off the juice !

you certainly wont get 3-5 for this-am sure it wont be prison

Answer 2

Ask for appointment of counsel if you cannot afford counsel and make sure you confront your witnesses by having them attend the trial or Hearing. The mother was not there at them time of the incident and can only testify to  hearsay which may not be admissable in Court.

The parties present at the time of the incident can only testify to what actually happened that being you and your girlfriend.

I make no claim as to giving you legal advice this is only in my opinion of what you have posted. This is what I would do.

Never plead guilty to anything in a court of law without the advice of counsel on your behalf. You do not know what is really going on in our Court system.

Answer 3

It would seem that if the case does end up in court

you'll be found not guilty, as you need two people

to corroborate a story.(there is only one in this instance)

Its down to the fact that its your word against the mothers word,

and that is simply not good enough to convict you of common assault.

That is why i said if it goes to court. I would say it will not end up

there precisely because of lack of witnesses.

Answer 4

If you haven't already got a solicitor, get one. If you are not entitled to legal aid, you may be entitled to a solicitor being appointed to cross-examine your ex and/or her mother.

From what you say, you do have a defence to the charge if all you were doing was defending yourself. The law allows you to use reasonable force to protect yourself and does not expect you to 'judge to a nicety' exactly how much force was reasonable. The magistrates have to look at all the circumstances in which you found yourself. Pushing someone away who was trying to hit you is self-defence.

The Pros have to prove beyond reasonable doubt that you used unlawful violence against your ex and, if you raised it in your police interview, or in questioning the pros wits, that you did not act in self-defence.

This can get quite technical, hence my suggestion that you get professional legal advice. There may be something which you said in interview or which your ex's mother says which undermines your case or strengthens the pros to encourage the pros to proceed. They may also be trying to get the court to issue a witness summons to secure your ex's attendance at court (they will threaten her with a warrant if she does not respond to the summons, but I have not heard yet of any court doing that in a domestic violence case).

Some firms offer a free initial interview to identify the problem and funding. You may, depending on your means, qualify for legal aid.

Hope that helps. Good luck

Answer 5

well man your totaly screwed.

Can't your ex stand up in court and say that she was punching you and you were just defending yourself not by striking her but by pushing her back. Yet she continued.

The legal system is completely c**p these days so you won't know if its a couple years in prison or a fine until they read it out to you.

There's no way of figuring that one out.

but seeing as they are currently believing the bias comments from your ex's mother you might well be seeing about 3 years prisonment maybe even 5.