Contrary to section 39 of the Criminal Justice Act 1988

[Tracy-ely]

I have been summoned to court in May. The description they give is "beating her".

I plan to plead not guilty as she attached me first and I did not hit her. She had a bruise on her face and black eye and a bump on her head. She accused me of hitting her which is untrue.

I have not been arrested and do not have a criminal record. I was cautioned to give my statement, and was advised at the time it was for ABH.

The codes on the summons are as follows:

CCCJS CODE: CJ88116
ACPO: 1.8.11.2
PNLD CODE: H4302

The case was put back to the police from the CPS but now it seems they have more evidence.

I would like to know what the outcome is likely to be if I plead not guilty? Also I am going to the States in August and need to know if charged with Common Assault which I beleive this is, is it classed as Moral Turpitude?

Hope someone can help :-)

[New Judge]

There are two likely outcomes in the event you decide to plead Not Guilty. You will either be acquitted or convicted. What it will be is difficult to say as it will almost certainly come down to whose evidence the court prefeers on the day.

As far as the "moral turpitude" bar to the US visa waiver programme goes, such offences are not clearly defined, though common assault does not seem to figure in most definitions. However, the US Embassy says that anyone who has been arrested (whether convicted or not) for any offence is not eligible for the waiver programme. (This is at odds with the waiver application form which suggests that only offences involving moral turpitude invoke the bar). You will have to enquire at the Embassy.

[Tracy-ely]

New Judge -

The ESTA site states "Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

If Common Assault is not Moral Turpitude then can I not answer no to this question?

I have checked what consitutes as Moral Turpitude and it says that "Assault (simple) (any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly)" - is NOT moral Turpitude.

What is classed in the UK as Assault (Simple)?

Assault classed as Moral Turpitude is defined as "Assault (this crime is broken down into several categories, which involve moral turpitude): Assault with intent to kill, commit rape, commit robbery or commit serious bodily harm
Assault with a dangerous or deadly weapon"

[Ben_AB]

It is impossible to give you an indication of whether you will be found guilty, anybody who tells you any different on the details that you have given is wrong. Even if you provided us with a full account, it would still be very hard.

On the subject of your question regarding the application of 'moral turpitude', a relatively simple case of common assault will have no effect on your application.