Would a person be likely to go to prison for common assault if it was unprovoked on a stranger?

Question

Would a person be likely to go to prison for common assault if it was unprovoked on a stranger&the defendant had 6 previous convictions including being on bail for assault of a police officer at the time of the incident?(the magistrates have already told the defendant they have crossed the custody threshold) The defendant is awaiting sentencing. Yet the prisons are very full.

Answer 1

As the defendant is already on bail for another offence of violence, if he intends to plead guilty to that offence, the smart thing to do would be to bring the matter forward so that he can enter his guilty plea and be sentenced for both these offences together. If he is sentenced to a term of imprisonment, there is a good chance of being given concurrent sentences.

If he is given a community sentence now and then brought back to court for the assault on the police officer, then in practical terms the court would find itself unable to impose a prison sentence for the assault on a police officer, as it is bad sentencing policy to send someone to prison while he is serving such a sentence unless he has been brought to court for being in breach of the terms of his sentence. Similarly, if he is sentenced to prison now, he would not be available for a community service in relation to the other offence and a term of imprisonment would have to be imposed for that too.

In view of what the magistrates have indicated, they would have to be persuaded very hard not to impose a prison sentence. I think it's highly likely.

Answer 2

There is a very strong likely hood that the defendant in this situation is looking at a custodial sentence.

If you are the victim or know the victim, ask them if they have done a victim personal statement for the police and if not to get in touch with the witness care unit at the CPS to arrange to get one done before the sentencing date.

This can then be attached to the file so that the magistrate or judge will be able to get the victims perspective on how the assault has affected them.

If the defendant entered whats classed as an early guilty plea..(in other words the court case didn't start) they will get up to one third of the sentence off so the VPS is doubly important to guarantee a decent sentence.

I do hope the sentencing will take place at Crown Court then a proper sentence can be served on to the defendant, otherwise its 6 months max from Magistrates.

Answer 3

To be honest the CPS charging standards for a common assault are fairly low. Pretty much anything can be a common assault or a 'battery'.

It all depends on the evidence. If the evidence is compelling and the offender pleads not guilty, then the court find them guilty, its a possibility. But unfortunately not likely. There would need to be some aggravating factors.

Youre looking at a conditional discharge, community punishment order or the like. If multiple charges are put before the court and/or he/she has had a previous condition discharge that has yet to run its course, it is again a possibility.

Pardon the pun, but they are sadly looking at a 'slap on the wrist'.

Hope that helps

Answer 4

Sounds extra like Grievous actual damage - common attack is a lot extra in all probability to get a suspended sentence. A 2 day trial may have had extra to discus that a slap and no count number if it replace into self defence. perhaps he already had a suspended sentence that you likely did not understand about. that is likewise accessible he threatened her with extra/death or resisted arrest. Getting a three hundred and sixty 5 days for a complication-loose offence he may have deserved it. My son and pals were set upon and one spent 3 days in well-being facility with dislocated shoulder - no statements taken or really everybody arrested inspite of know-how who they have been. A polish guy residing around the nook replace into assaulted by creating use of a lad hitting his head with a brick. He lost diverse blood and spent weeks convalescing from compression - a witness went to the police yet they did not pick his statement ?

Answer 5

In Canada they would most likely get some kind of jail time for the assault with that kind of record (including the breach of bail when the assault occurred). However if the assault was minor (no injuries), and the accused spent time in jail pre-trial then they may get time credit for that time served and be released on probation without further jail time. It really depends on the nature of the assault I think.

Answer 6

Can't beleive this person isn't already in prison for assaulting a police officer!! They look after their own and not many get away with that. He deserves to go to prison if he is such a menace to society.

Answer 7

Hopefully, the person would be locked away for a while. Then, if karma is as it should be, the person can experience the joy of being forcibly assualted, unprovoked, by complete strangers.

Answer 8

I would suspect a certain amount of jail time. As always, it depends on how much lawyer can the defendent afford, as a good lawyer will result in NO jail time.
Also depends on the judge (his attitude) the location (LA California vs. nowhere Oklahoma) and how the defendent represents theirselves in court.

Answer 9

They deserve to go to jail for a long time. But more than likely the stranger will be charged for being in the wrong place at the wrong time and will have to compensate his attacker!!!1

Answer 10

If they dont then they should, but given the madness thats going on in this country at the moment they will probably get community service at the most