Will i go to prison??

Question

Basicly i hit someone in my supported housing with a high heeled shoe on her arm. Caused bad brusing and broke her skin. She pressed charges.A police officer turned up 6 days later wanting me to give a statement, in her words it would be delt with quickly. I refused, wanting to speak to a solicitor first, preferably with one present during questioning. The police officer was totally fine with this.Called her the next day after speaking to my solicitor and agreed to meet at the local police station. Recieved a letter from her today saying i would be arrested for actual bodily harm at police station.Was wondering what sort of sentence i am likely to get.
I have previous for -
theft
burglary (other than dwelling)
x2 posession of offensive weapons (which i served six months in prison for - released last march 06)
I am no longer on licence, have not been in trobule since my release.
Sounds pretty awfull i know.

Quite agree i did the crime so will have to do the time-
and no i have no history of violence- never used a knife it was for my own protection- reflecing my sentance could of got six years!

All my offences were between June 2005 and sept 2005- went through a rough patch!

no booze or drug problems, just mental health..

i have a caseworker (mental health)- they actually tried to section me after the assult. I was provoked- she was chatting **** about my parents.

Answer 1

you're fucked

just kidding

I don't think you will get jail time. Just a fine.

Answer 2

In the United States when dealing with a dog who bites someone, the quote is "the first bite is free." Now, I know you're not a dog and not in the U.S. but if this is your first type of offence for this action, I'd say the first hit is free.

It's all a game. It's a bluffing game. You need to think, this is your word against hers. Does she have witnesses? Why didn't someone contact you immediately after it happened? Did this woman wait five days and suddenly decide that she should contact the police?

And, what about her? She may have a record longer than your arm. Find out these facts, if you need to. I think she's just a complainer and a trouble maker.

I think you are very lucky to have received a letter from this woman. How crazy can she be? You don't go out and threaten someone, you have your legal piece do that for you.

First of all, make a xerox copy of the letter or maybe two. Keep a copy safe. Then take the original and the copy to your solicitor and claim harassment because that's what it is. And, your solicitor should be able to advise you if you can file charges against her for harassment. You may be even to get a restraining order against her. She sounds crazy.

Answer 3

Considering your previous crimes which now can be brought up in court the judge may look harshly towards the crime. i.e not learning your lesson etc. You also have a previous for posession of an offensive weapon. However they may take things into consideration if it was provoked etc. i would seek legal advice which you have done but i think that you may face a prison sentence be prepared for the worst and if you get probation or community service look wisly and the decisions you make in future i am speaking from experience a criminal record will hinder your life but you can change. The judge may ask for a phy report if you have a CPN then get them involved in the case it does help. The judge will then see that you have a mental illness and take that into considerstion when sentencing you. If you have a key worker at the supported housing then talk to them about recieving some form of cognative skills it does help

Answer 4

Totally disagree with they guy who says you may get a Caution, a caution is worked on National Guidelines and you are no where near the standard required to get a caution.

Sentencing is worked out on;

1) The offence charged. I guess you will be charged with the lowest form of assault, section 39.

2) The circumstance of the offence you committed. That is based on all of the evidence presented at Court so that's one I can't help you with any more.

3) Your previous criminal history. Yours is not the best but not the worse I have ever heard of either.

My guess is a suspended sentence or community based sentence is the most likely outcome if you plead guilty.

Answer 5

Different countries seem to have a huge difference in their sentencing for the same crimes..... in Australia you would most likely have never been imprisoned for any of these offences with your criminal history... whereas in the United States they are far more likely to give you a custodial sentence.The circumstances surrounding the reason for the assault will weigh heavily on whether you will go back to prison or not and also the severity of your victims injuries. Each case would be taken on face value and adjudicated individually. Personally, I would not give you a custodial sentence as the assault does not sound to severe. I would say you have a fairly good chance of going home but try and organise everything in your life prior to facing court in case you come across a strict judge that believes once you have been in prison there is no reasons for alternative sentencing. I really do wish you the best of luck and hope you receive the result you are hoping for.
PS Try and have support from family and friends in the court with you and get as many references from community members as you can...it all helps. You need to show all the reasons why you should not be incarcerated eg.. children, job, elderly parents rely on you, medical conditions and above all you are remorseful!!!!

Answer 6

I really don't know what to say to you your mind must be in a terrible state but look at the facts you did cooperate with the police and you have kept out of trouble since you got out of prison,plus the prisons are over flowing so for such a small offence you will probably get a warning i hope that you are o k

Answer 7

Its a 50 / 50 due to your previous. If you did not admit to anything when interviewed then its your word against hers which usually gets thrown out of court. If you did admit to it then its not exactly crime of the century is it..? Write down a letter you want to present to the judge or have your brief read and explain how sorry and remorseful you are. Youve done some time, so you know the drill. The judge will be reluctant to send you back if you can convince him that it was a one off PROVOKED attack.

Answer 8

Section 39 (common) or 47 (actual bodily harm) assault....How long ago were the convictions? Have you any previous cautions/warnings?

My best bet is a caution at the least if you cough with mitigating circ's (to get the score down) or a charge at the most for a s.47 to mag's court...fine/community order etc....no prison, unless you haven't given the full facts! If it's domestic related you can start to worry!

Answer 9

you more likely to get a suspended sentance if you have no history of violent crime.
The level of injuries are abh for the purposes of arrest, but for court you are more likely to get a charge of common assault.


Although under home office regulations you could still be offered a caution at the station if it is your first violence offence and the level of injuries are fairly minor

Answer 10

I dont beleive you that the Police sent you a letter on the lines you describe.Their is more to this story than you are saying.No you wont go to Prison but a restraning order may be given.

Answer 11

The solicitor can best answer the question, hopefully there was something going on that caused this most recent action. If it's somewhat unprovoked...I wouldn't expect a leinent court.

sorry...