ALARMA! I need a lawer advice for myboyfriend!!!!!!!!!!!!!!!!!!!!?

Question

I need an advice of a lawer for my boyfriend. A couple of days ago he hit one guy in a night club. I'm sure that that guy must have done or said something bad to him, because my boyfriend is very calm by nature. So that guy reported an asault at the police station and my boyfriend was taken there the next day. They took his fingerprints,DNA,questioned him as if he is such a bad criminal. He came back home and was very very upset. He was told to come back to the police station in about a month time and meanwhile the police will try to investigate this case and if they have enough proofs then this case will be taken to court. I can't believe this can happen, so often you can see guys figfting in night clubs because they drink too much alkohol. But my boyfriend was djing at that club that night so he wasn't drunk AT ALL!!! In fact he hardly drinks any alkohol. So if the case will be taken to court, what are his chances?And what punishment can he get? I'm really worried and so he is.

Answer 1

Tell you what he can do................12-18mths

Oh and its alcohol...

Answer 2

He's punched a guy, therefore the guy has made a complaint.

Where's the problem?

Having something said to you is not an excuse for hitting somebody.

With regards to the technical side of things he should be able to get legal aid if it does go to court, at the next date he is bailed to at the police station they willhave made a decision as to wether it needs to go to court or not.

If he is denying that he has done it then it will almost certainly need to.

If he has admitted to it in interview then depending on the other guys injuries he could be cautioned, this would require your fella to accept to be cautioned. Or if the injuries are serious enough, or there are aggravating factors such as late night town centre (like this is) then it may go to court.

For it to go to court it will need to be charged, for a simple asssault a Police Seargent can authorise this anthing more serious will need Crown Prosecution Service advice where they will determine the seriousness of the offfence and the appropriate charge to give.

He would then be bailed back again to a court date where I would suggest taking professional legal advice.

Then begins the Court process at your local Magistrates Court, he will at some point need to enter a plea, then a trial will befixed if necessary, this can often take a while to sort as both parties (Prosecution & Defence) will need to make arrangements to ensure witnesses are available on specific dates etc.

People are often surprised at how long this process can take, usually 3 to 4 months would be around the average, it can though take much longer.

If your boyfriend was to enter a guilty plea to a charge of either a minor assault or battery then it could be sentenced the same day, for such a charge the penalty could be a fine, a curfew order, a community punishment order, there are many non-custodial options. The report would be produced by a Probation officer, they will ask questions about his character, upbringing, education, history of drug or alcohol abuse, financial situation, work life. They then assess the answersto figure out if he is at risk or if he is remourseful and then they suggest which kind of punishment is most suitable. This can however be overruled by the magistrates or judge if they feel that the reports suggestions are innapropriate. This is rare but sometimes happens, sometimes to the benefit of the defendant.

If the injuries sustained were very serious (by the sounds of it this is not the case) then the case could get sent to the Crown Court where there will be a trial by Jury, the judges in these Courts can impose much tougher sentences than a District Judge or Lay Bench at a Magistrates Court.

I understand that you are looking at this sympathetically as you are emotionally involved with him, you must however understand that the Law is entirely objective.

Answer 3

I don't know how big a boy your boyfriend is, or how hard he hit the other fellow. Let's hope for everybody's sake that no serious injury was caused. It sounds like common assault so far, an offence which can only be tried in the Magistrates' Court. Your boyfriend must think very hard about why he hit the other guy. Was there any provocation? If so, what was said or done? He's got to sort that out in his mind. He's also got to find out if anyone else was around who could give evidence on his behalf. He might even be able to claim that he acted in self defence, although without knowing what went on, it's impossible to say.

It's quite possible that the police may decide to caution him rather than charge him with any offence, in which case he'd better be aware that if that happens he is signing a piece of paper admitting the offence and it will be on his record for five years, which to some people could be a very serious issue. If the matter does proceed to court, there is a chance that he may be dealt with leniently if no injury was caused. He will be able to consult the duty solicitor at court free of charge and discuss the matter with him or her. It will probably impress the court if his employers are prepared to let him go on DJing for them, as that will be an indication of his normally responsible attitude towards patrons of the night club.

Answer 4

Well, he hit someone. That's against the law. Doesn't matter if he's usually calm and wasn't drunk, he committed at least assualt, maybe AOABH (assault occasioning actual bodily harm) if there was any visible damage to the victim.

If there is enough evidence, he will be charged, and the case will be taken before a magistrates' court. Your b/f will have to decide whether to plead guilty or not. A guilty plea means that the court can sentence right away, not guilty would lead to a trial. If he pleads, or is found, guilty, he will most likely get some kind of community sentence, and the court might adjourn to ask the Probation Service to prepare a report to consider the most appropriate sentencing option.

Answer 5

Depends on witnesses. He should not have given an interview with Police without legal advice.

It will be recorded if he was drunk or not. Maybe the CCTV will admonish your boyfriend.

Normally the guy that got assaulted will drop the charges especially if he is not badly hurt and was at fault with comments he made.

If he doesn't drop the case then he is a clown. The Police could still charge your boyfriend even if this guy drops the charges. they dont normally do it unless there are other mitigating circumstances.

your boyfriend should have said it was self defence. This would prevent the case going to court and the evidence would not merit a charge for either party.

They may have got a fixed penalty for be disorderly in a licenced premises.

Answer 6

When your boyfriend is questioned by the Police for this offence, he will be offered a solicitor to advise him. This service is provided free-of-charge and the custody sergeant at the station will contact the duty solicitor to attend the station. He is then entitled to before, during and after the interview, in fact, all the time he is at the station, to a consultation with the solicitor as often as he feels the need to. This will take place in private with no Police present and no recording. The solicitor is acting for your boyfriend and will advise him of the best course of action.

The punishment he is likely to get, if it gets that far, will be dependent upon the amount of harm he has caused the 'victim' and under which section of which Act he has been charged. The solicitor can help with this information.

He should state the facts as clearly and correctly as he remembers them. It might help for him to write it all down to help him to remember on the day.

Were there any witnesses to the incident? You say he was DI-ing at the club. Will any of his colleagues have witnessed the incident? Did the doorpeople get involved? Is there any CCTV?

There is a possibility that the accusation will be withdrawn by the 'victim' or that the Police/CPS will decide not to prosecute due to lack of evidence. Good luck to you anyway xx

Answer 7

Its funny that you say you need a lawyer and then post this question on here????

I'll give you a lawyers advice, I am one. You may not like it but if it has happened like you say then he is guilty of assault. If the guy has serious injuries then he will be guilty of more like a section 20 or even 18.

Again, it makes me laugh reading all the answers. Fact is if he was drunk, then that would have been slightly BETTER!!!!

He cant use that as an excuse.

Unfortunately if it goes all the way then he may face a custodial sentence and rightly so. There are 2 sides to every story and the complainant will certainly have his ready.

Answer 8

You want it simply, here goes, if someone hits someone, they are guilty of assault, he admits he did it, so where is the problem ? REGARDLESS of why, you cannot hit someone just 'because', only defence is in self defence , but cctv , and witness statements will prove this. He's being 'done' for the mistake he made, sorry but you cannot go around thumping people because they say or make remarks, unless your a minority in which case you can get away with blue murder !

Answer 9

at the end of the day u cant go round smacking people, simple as, but if ur boyfriend is the type of guy u say he is then i presuming he has no other previous convictions?? if this is so then if he hasnt done a lot of damage to the other lad and didnt use a weapon (glass, knife etc) then he should get off with community service or a fine.

best of luck xxxxxxxx

Answer 10

Dont let him answer any questions unless with a lawyer. If he is calm about the whole thing and doesnt have any history he shouldnt have a problem. He should show remosre about thje incident then things will go smoothly.

Answer 11

Looking for a lawyer will cost you alot. Let him face it and speak the truth. Trust in God and everything will be fine. The other party may be having money to defend themselves. On the other hand you may look for the other party and agree not to go further with this issue, sought it out among yourselves before the date given to go back to police. Hence the other party will just get there to only say that they decided to disolve the matter between you which has been the case with many and that will be the end of the issue.