im on bail for common assault for fightin with a girl.. which i was defending myself but im getting done for it and she isnt. but what is common assault and what sentence do you think i will get for fightin with her?
2007-07-28 07:23:07 · 15 answers · asked by stacy h 1 in Politics & Government ➔ Law Enforcement & Police
see a lawyer and at least get your side
did you make a counter complaint about her assaulting you
2007-07-28 07:26:12 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Common assualt can refer to any physical contact inflicted on the victim that doesn't cause sufficient injury for an Actual Bodily Harm charge. Slaps, punches, kicks etc could all result in this charge.
The sentence passed depends on a variety of fatcors, e.g.:
- How old you are. the sentencing framework is different for adults and for juveniles.
- Whether you have any previous convictions, especially for anything similar.
- Whether you plead guilty or are found guilty at trial.
- Whether the magistrates or judge accept that you were defending yourself.
This means that sentencing options can range from a fine or a Conditional Discharge in the least serious cases, through community sentences (probation or supervision by the Youth Offending Team), to imprisonment for repeat offenders.
2007-07-29 10:34:16 · answer #2 · answered by purplepadma 3 · 0⤊ 0⤋
Common assault is the lowest form of all assaults. This can be anything from a push, to a slap, to a punch, as long as the injury is slight. Includes injuries such as scratches, grazes, swelling, black eyes etc.
The maximum sentence is 6 months, however if this is your first offence you may end up with a caution. If its not your first offence expect a fine. Don't expect to be sent to prison.
In relation to self defence; there must be some evidence that contradicts what you are saying. If you were both as bad as each other then you should both be equally dealt with by way of some public order offence...affray?
2007-07-29 11:54:51 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Common assault is the lowest level of assault. it can be as much as merely touching someone.
Common assault along with the other main offences of Actual bodily harm (ABH) & grievous bodily harm (GBH) fall under the heading of the offences against the person act 1861 (an old act!) common assault is section 39 of the act.
If this is your first offence then it's unlikely that you'll get a major penalty, especially with our atrocious Court system. the penalty does however depend on the Court decision and the available evidence. You may not even get charged with the offence.
As for self defence, there's a VERY thin line between self defence and assault.
2007-07-28 11:00:57 · answer #4 · answered by Ian UK 6 · 1⤊ 0⤋
Common assault is where no physical harm came to the victim...a push is a common assault, its the doing of it in unlawful circumstances...It is a summary offence I believe so can only he heard at Magistrates Court...if you plead guilty you may have a small fine or be bound over to keep the peace...not a huge offence...but shouldn't assault a woman.
Edit...sorry I see you are a woman....still shouldn't do it.
2007-07-28 07:31:11 · answer #5 · answered by Knownow't 7 · 2⤊ 0⤋
Common assault is fighting, you are being done because they see her as the victim. you may get a suspended sentence and/or a fine. Ask your brief to clarify what common assault actually is.
2007-07-29 00:38:08 · answer #6 · answered by LILITH46 1 · 0⤊ 0⤋
This is basically assualt with no injury.It will be tried by magistrates and sentences range from bound over to keep the peace to max of 6 months.
2007-07-28 21:12:46 · answer #7 · answered by frankturk50 6 · 0⤊ 0⤋
Common assult is at the bottom of the pile... I take it your going to a mag's court... nowadays you can plead by post... just plead guilty and pay the fine... Any more than that and I'd be surprised
2007-07-31 04:19:58 · answer #8 · answered by brit_plod 4 · 0⤊ 0⤋
Worst case scenario - 6 to 8 months tops inside
Usual ( if you never been in trouble!) - £60 - £80 fine and bound over to keep the peace, or conditional discharge.
Argue your case politely and get some charector witnesses who could testify for you, but see a lawyer and be prepared to cough up....
2007-07-28 07:32:49 · answer #9 · answered by Question 4 · 1⤊ 2⤋
Get a solicitor and talk to them. Get your details down on paper about the incident and ask about a counter claim.
You say it was self-defence so you will have to provide a statement of how it all came about. You will have to show provocation and state who pushed who first or who grabbed who first.
The only thing that worries me is if she suddenly gets six mates around her to back up her story and you are leaf alone.
2007-07-28 17:44:30 · answer #10 · answered by Rob K 6 · 0⤊ 1⤋