2007-06-01 22:17:31 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
As well as the previous of the offender it depends on the nature and seriousness of each offence and on who the victim is.
Common assaults against an intimate partner are treated more seriously, as are those committed against children or if there is a racist motivation.
Community service on it's own is often used for first offences but if there is more history then a community order can be made that includes community service and a number of other requirements.
These requirements can include attendance on an appropriate treatment programme - if the violence is expressive (a red mist descends, accompanied by loss of temper control) then the programme is Aggression Replacement Training; If the victim is a female partner then it is not an anger control problem and one of a number of domestic violence programmes will address the risks and are very demanding; there is another programme for general offending behaviour including violence that doesn't fit these categories.
Other requirements can be included in a community order alongside a programme and community service which may include specifying or restricting activities, exclusions.
The offender must agree to the conditions of a community order, if they are made subject to such an order then they must comply. Fialure to comply is another criminal offence and may result in resentencing fr the whole lot.
If none of these combinations are deemed sufficient to manage the risks presented by the individual of further harm or of re-offending then prison is the only alternative.This assessment is made by the Probation Officer who makes use of various risk assessment tools, interview and all the information made available to the court. This assessment goes into the presentence report which is presented to the sentencing court, the court will then consider what is in the report when deciding the sentence.
If a custodial sentence is handed down the duration is decided by the court. Magistrates are limited in terms of the length of custodial sentences they can pass (I believe this to be 6mths for offences prior to april 05 and 12 months for offences later than that date.), for prison sentences of less than 12 months the offender will recieve automatic release at the half way point, potentially earlier with early release under home detention curfew. Crown court can hand down any length of sentence but there are maximum sentences, I can't remember off the top of my head what the maximum for common assault is but it's probably around 5 years.
People do not avoid prison BECAUSE of limited prison spaces and community orders are not let off's or soft options, in fact I've met plenty of people who say they would rather be in prison than comply with the demands of community orders
2007-06-03 08:58:10 · answer #1 · answered by angrymammal 3 · 0⤊ 0⤋
common assault isnt viewed as particularly serious by the justice system (indeed what offence is these days?) so unless the perpetrator has a long record its very unlikely they will go to prison, theyll probably just get a fine or a community service order
2007-06-02 00:02:18 · answer #2 · answered by vdv_desantnik 6 · 0⤊ 0⤋
It depends on which country you are from. Here in Scotland I think 1 common assault = 1 week in a Holiday camp 2 = 2 weeks rehabilitation course in Marbella.
2007-06-01 22:38:46 · answer #3 · answered by gordon C 2 · 0⤊ 1⤋
They will likely be charged with two accounts of misdemeanor assault, with each account being punishable by no more than 1 year in state prison. but it depends on how violent it was, if it was more than just a scuffle then it would be no less than 2 years in federal prison.
2007-06-01 22:23:46 · answer #4 · answered by face_melting_guitar_solo 2 · 0⤊ 0⤋
How long depends on your height and body mass. That way, the rope is just the right length to make it quick, painless and not too messy for the prison staff to clean up.
2007-06-01 23:57:57 · answer #5 · answered by skip 6 · 0⤊ 0⤋
Depends upon his prior record, the state in which he committed the crimes and the quality of his lawyer. Good luck, hope you have learned a lesson.
2007-06-01 22:29:24 · answer #6 · answered by lcmcpa 7 · 0⤊ 0⤋
if they have a bad record then yes they will go to prison, otherwise, a big fine and community service, hope that helps,all the best
2007-06-02 03:15:51 · answer #7 · answered by sarah1962 5 · 0⤊ 0⤋
It depends on the quality of lawyer he could afford.
2007-06-01 22:21:46 · answer #8 · answered by knuckleheadmcspazmatron 4 · 1⤊ 0⤋