Charged with affray - on bail pending CCTV footage

[Mark1973]

Been on a night out with some friends recently - got to end of the evening, when my brother in law and I nipped to the bank for cash for a taxi.
1st cash machine we got to was occupied by some lads - clearly a bit drunk and shouting the machine had kept his card etc..
So we quickly nipped down to the next machine which was in a foyer of a bank
Brother in law gets his money and leaves to go to toilet (he was busting!)
I'm next at the machine, and as I've put my card in and entered pin, a guy moved right round into space looking at what I was doing-I told him to sod off - he then became aggressive and challenged me - I knew what was coming so moved towards him as such so show I wasn't scared
He then threw several punches - I've a superficial cut on head and black eye- before I threw some back - no injuries to him or his two friends, who also threw a few punches at me
It was over very quickly, handbags at dawn really
The thing is they are insisting I started it by head butting the guy - even tho I've got on injuries to my head or forehead and he has no injuries either
The sergeant at the station isn't happy with accounts so insisting on watching CCTV before deciding what to do
I'm on bail now until next month
I've never been in trouble with the police before-not even a point on my license
I'm certainly not a violent person and feel ashamed and scared as to what will happen now
Does anyone know what will happen to me?
I'm really worried it will go to court and I'll end up in prison

[jno]

you sure sound up for a scrap, even if you didn't start it. For all that, if the CCTV backs up your version of the story you shouldn't have any problems.

[ummmm]

You won't go to prison for affray.

[murraymints]

if cctv confirms your strory ..a smack on the hand and advice from local plod to keep out of trouble....

[Mark1973]

I admitted i wasn't happy with the guy standing over me at the cashpoint and looking back when he became aggressive I knew it would end in a fight
My problem Is if the CCTV shows me going toward him attempting a headbutt
I'm 99% sure I didn't connect - and after that it was just handbags that lasted about a minute
I was told by the interviewing officers the most likely out come on the day would be rollicking and a fine?
Then when I was released, I'm on bail pending footage
Really worried now can't help it - although no one suffered any injuries, I didn't make any attempt to walk away - although neither did the 3 guys attacking

[Mark1973]

It's really playing on mind now about all this - anyone know the difference between common assault and abh?
As I've said above, I'm 99% sure of no injuries to anyone (apart from a gash on my head and sore eye!)
But I'm worried that I'll be taking all the blame - what happens when I return the the station? Is there a chance I could be detained?
Also, should I have asked for a solicitor before being questioned?

[EDDIE51]

Ummmm, Affray is a serious charge and it is quite possible to go to jail for it!
However what is described here does not come near justifying a charge of affray. It is more like common assult or low level ABH.
From the description I think once the CCTV is looked at the charges will be droped anyway, assuming, as always, we have been told the full story.
Just to clear things up Affray is like a minor riot , there have to be several people involved and it must be clear that they were acting in unison and it was planned. Non of that is present here.

[Mark1973]

Does the fact the guys were at the previous cashpoint, shouting and generally being a nuisance - then following us down to the next machine have any bearing on the possible outcome?
I genuinely didn't know they were behind me until the one guy decided to virtually push his way in whilst I was using the machine

[jno]

yes, it should help, if it shows they were being antisocial before you turned up. I think the police would take the view you're entitled to tell people to take a hike if they're harassing you around an ATM. But the most important thing is that the CCTV should show you didn't start the fight.

[EDDIE51]

Yes all that is relevant. One good point from your point of view is that there would have been CCTv in the bank and probably viewing the other cash point as well.
The police often start off with a more serious charge and then drop it down when if actually goes to court. A common policy with our wonderful police service is to bring a higher charge and then offer to drop to a less serious charge in return for a guilty plea. For example I have often known them charge someone with section 18 GBH with intent, this is a virtual certain jail sentence, and then when they have scared the offender enough, offer to drop the charge to ABH or common assult in return for a guilty plea. ABH and common assult are all most never prison sentences. This ploy gets them a conviction without all the bother of a trial. Should never happen but believe me it does !
Mark1973 my advice is 'get a solicitor' at least take the free 1/2 hour consultation that many solicitors offer to see where you stand.

[Mark1973]

Thanks guys really appreciate all your help - still feel really down tho!
I'll contact a solicitor ASAP - would It be wise to have one with me when I have to go back to the station? Or wait and see if I'm charged with anything first?
After reading other posts on here, I'm gutted I didn't ask for one at the time

[EDDIE51]

what has happened to this thread? An answer that I put was removed but is now back, but several other answers have vanished . There were more than 10 answers last night even without my removed one. No indication that answers have been removed either ! What is going on?

[boxtops]

Goodness knows eddie, contact the Ed - I can't see any removals either

[EDDIE51]

Yes take a solicitor with you if you are called to interview. I did say this last night but it is one of the vanished answers.