What sentence would someone who doesnt have any previous convictions get?

Question

Victim says he was asked for his belongings. The accused who had just turned 18 years didnt ask for his belongings but 'what his problem was'. Accused has never been in trouble with police before, goes to uni, works part time, stuck to the bail conditions and answered all questions that the police put towards him. The barrister instructed the accused to plead guilty even though he didnt do what he was accused of instead of going to trial. 'Victim ' says that a knife was pulled out. The judge has implied that he may go down for 4 years. Does anyone know what the accused may face? Should he have gone to trial? I will add additional info if needed. Thanks

The accused also had a blunt knife under 3 inches (which is used to fix his bike), which the victim saw fall out of the accused pocket

Accused lives London England and the charge is attempted robbery. First offence, good family background etc. The accused is NOT guilty! Information appreciated

Answer 1

In the US, any judge has the OPTION to consider relevant factors in sentencing. That includes prior history (or lack of), what the crime was, so forth. And then there are judges who are wrapped up in their own power, and do whatever they feel like at the time.
I don't know what the law is, where you are. I will say this... if the accused absolutely believes he is NOT guilty of the crime, he risks a lot by pleading guilty. I am frightened by the reality here, that many lawyers are just too lazy to get the message. They assume a plea bargain is the best. And on the other hand, the "accused" might BE guilty but refuses to see it.

Answer 2

There's something missing here. How did this exchange of words begin? What made the accused ask what the other fellow's problem was? Perhaps the evidence laid before the jury will show that the accused was in fact approached by the other party rather than vice-versa, which would throw everything into a different light. However, things must have looked very bad for the barrister to advise a guilty plea, especially in the case of an 18 year old with his life before him. I hope that the trial has not been concluded and that there will be an acquittal, if indeed the facts are as you have given them. You don't say whether the charge was robbery, attempted robbery or assault with intent to rob, all of which are serious charges, probably carrying a term of imprisonment. It is not unheard of, however, for such a sentence to be suspended, so don't speculate too much ahead of time.

Answer 3

The answer would depend on a lot of factors including full details on the actual offence that has been charged, although from what you've written I've got a fairly good idea that it's armed robbery (knife etc). This is seen as a serious offence in the UK, however, again it depends on the circumstances. The issue with the knife is not a good one as this is possession of a bladed or sharply pointed instrument, to which the accused would have to have a lawful authority or reasonable excuse to have been carrying in order to not be convicted of the offence, assuming it was put forward as a charge.
If there are no previous convictions then a caution would normally be issued. However, if the crime is one of violence, which robbery is generally seen as, then a caution would not be applicable.
If you could provide further info, then a better answer might be given. Hope this helps

Answer 4

you can if you have the time look up case studies on the net
try typing in criminal law you may have to visit a few sites but you could strike lucky.
the only thing i think you could do about your barrister is write to his chambers to express your concerns and ask for the reason for his advise to his client.
if that don't work complain to the law society as soon as possible.
good luck

Answer 5

first time offences are ofetn looked upon as a learning curve if he plead guilty he will probably get probation and a slap on the rists

worst case sinario he goes to a young offenders institues and does 6mnth

Answer 6

I would not plead quilty to something I have not done.Our laws make me sick your friend is in a terrible dilemma its is word against the other person.If it goes to a jury who knows who they will believe.I hope your friend is found not quilty.Good Luck

Answer 7

Good luck with your trial!