Criminal

What is the minimum sentence for assault by beating?

I had an arguement with my girlfriend and ended up ripping up her important paperwork which really upset her. Im due in court in 3 weeks and i am pleading guity to criminal damage, but my ex accused me of assault which isnt true. Im worried i may be sentenced. Does anybody know what the sentences are for assault by beating?

ash4589 Mon 12/05/08 17:55

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Buenchico
Mon 12/05/08
19:11

'Assault by beating' is a variation on the charge of 'common assault'. (The 'assault by beating' wording is used when a person is alleged to have 'committed a battery'. The definition is that "a battery is committed when a person intentionally and recklessly applies unlawful force to another").

The maximum penalty is 6 months imprisonment and/or a fine of £5000. In practice, the majority of such offences are dealt with by a community punishment (such as unpaid work) and/or a relatively small fine (e.g. £300), rather than by a prison sentence.

Chris

Tichfield
Mon 12/05/08
19:12

The minimum sentence is an absolute discharge.

ash4589
Mon 12/05/08
19:15

Question Author

also i forgot to mention i have a ciminal record and have been arrested for ABH. would that go against me

Buenchico
Mon 12/05/08
19:22

A conviction for ABH (which is far more serious than 'assault by beating') certainly won't help, particularly if it's fairly recent. However, I still regard it as unlikely that a prison sentence would be passed. (It's more likely that the court would consider something like an order to attend an anger management course).

Chris

ash4589
Mon 12/05/08
19:31

Question Author

sorry i miss spelt my post. i DON'T have a criminal record. BUT i WAS arrested on suspition of ABH, crimainal damage and aggravated burglary, but the victim dropped the charges. However when i go 2 court in 3 weeks i also have criminal damage against me from the past.

ash4589
Mon 12/05/08
19:32

Question Author

kyla-23
Wed 18/06/08
12:17

I went to court yesterday for two counts of assult by beating and have been given community service and had to pay compensation. Ad long as you are sorry for what you did you wont get a custodial sentence. That was made clear to me when I arrived. good luck !

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