what are the penalties for assault?

Question

Ok if there was a scuffle and you broke someones nose, it was genuinely an accident, you just meant to grab them and shout at them (the scuffle was started by the other party),but you have been charged similar 5 years ago but the case was dropped, what would you expect to happen. Currently only been asked to go and give a statement to the police.

Answer 1

You should really bring a lawyer with you when you make the statement. It shouldn't cost more than $300 and will save you a lot of trouble. The cops will often read you your rights and then start asking questions in a friendly manner with the aim of getting you to incriminate yourself. "You have the right to remain silent."

Answer 2

The usual pattern is for the police to charge you with ABH (assault occasioning actual bodily harm) under section 47 of the Offences against the Person Act because you broke the other fellow's nose. It is very common for the CPS, once you get to court, to engage in a spot of plea bargaining in order to get you to plead guilty and offer to drop the charge to one of common assault. The penalty is likely to hit your pocket more than your liberty and the court will be concerned with making an order for compensation to the victim, so the penalty could simply be one of a compensation payment. They might, however, impose a fine as well, together with costs. It is very much to your credit that you have stayed out of any kind of trouble for so long (they won't know about the other matter, so you come before them as a man of good character) and you would also expect to be treated more leniently in view of a guilty plea.

Answer 3

seek legal advice my freind if this hapen in scotland judges are taking a very dim veiw on the excuses for street asualts ocuring due to the problem of binge drinking and the like if in england for instance it would be a magistrate who dealt with itpossibly through the first offender process but your previous charge where ever you are in the uk will not stand as you were found to be not guilty but again gat a lawyer to go with you to make the statement as anything you say can be used against you in court good luck

Answer 4

Depends who it is against. For first time (and you admit it) it tends to be a caution. Next time will be either court or reprimand. After that definately court. For assaults against partners then you can expect heavier sanctions as the government has cracked down on domestic violence.
It also depends on the severity of the assault.
Hope this helps

Answer 5

first offender,section47 assault,a small fine and a good behaviour order,in other words keep out of trouble for 12 months and you won't here from the courts again.