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common assault section 39
My husband has been arrested for common assault on me, can any1 tell me what is likely to happen. i have been seeing a solicitor already for a divorce for 8 months. My children where also in the house at the time.
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A Section 39 offence can normally only be heard in a magistrates' court. (There are certain circumstance where the matter can be referred to a Crown court but they don't apply here). The maximum penalty is 6 months imprisonment and/or a �5000 fine.
In practice, common assault doesn't usually result in a prison sentence but 'domestic violence' is seen as an aggravating factor. It would also be an aggravating factor if your husband used, or attempted to use a weapon. However, mitigating factors might include a single blow, an impulsive action, provocation or very minor injury.
It would be for the court to determine the appropriate sentence based upon all of the circumstances which it was made aware of. It's most likely that your husband would be fined and/or given a community punishment, possibly together with an order to attend an anger management course. However, if he's already got a criminal record for violence or, for example, if his attack upon you was a sustained one, it's possible that he might face a short prison sentence of, perhaps, 3 months. (He'd only serve half that time in prison).
I repeat that a non-custodial sentence is probably the most likely but imprisonment can't be ruled out.
Chris
In practice, common assault doesn't usually result in a prison sentence but 'domestic violence' is seen as an aggravating factor. It would also be an aggravating factor if your husband used, or attempted to use a weapon. However, mitigating factors might include a single blow, an impulsive action, provocation or very minor injury.
It would be for the court to determine the appropriate sentence based upon all of the circumstances which it was made aware of. It's most likely that your husband would be fined and/or given a community punishment, possibly together with an order to attend an anger management course. However, if he's already got a criminal record for violence or, for example, if his attack upon you was a sustained one, it's possible that he might face a short prison sentence of, perhaps, 3 months. (He'd only serve half that time in prison).
I repeat that a non-custodial sentence is probably the most likely but imprisonment can't be ruled out.
Chris
Thank you, he has thrown things at me and ignored the kids for the last 9 months my solicitor has it all written down for my divorce he kicked me which left a 6cm by 6cm bruse on the side of my knee, he hasnt been introuble with the police before. His family are saying they would have understood i got him arrested if he battered me. I look at it as the start of it, if i didnt do anything it could get worse.
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