common assault question

[homeistheuk]

Hello, I need your advice and opinion as to how my common assault trial will turn out. I was involved in an earlier in the year where two girls and a guy started an altercation at a club with me. This resulted in beer being poured all over me and then me retaliating by pouring my beer over one of them. They claim that I threw the glass which shattered nearby and then gave a slight superficial cut to one of the girls. I did not throw the glass, it was taken from my hand by someone and put down. They all claimed that I threw it, the bouncer who pulled us all apart also said that I did it. This is what is worrying me, the bouncer's statement. I know for fact I did not throw it, there is no CCTV or other witnesses.

I have no priors, no record. My lawyer advised me to plead not guilty, which I agreed to. I'm just concerned that they will find me guilty when I am innocent and make me pay hefty fines based on the independent bouncer's statement. I am hoping that with my continued claim of innocence, no priors and remorse would help me get a not guilty plea successful? I really don't want a criminal record.

I would appreciate if others in a similar situation would let me know how their experiences turned out in magistrates court.

[oldmaggie]

I take it that your solicitor has told the court that you are not accepting a statement from the "bouncer" you want him in the witness box giviing verbal evidence so your lawyer can cross examine him. In my experience these people are usually very reluctant to go to court to give evidence

[Barmaid]

Make sure you get a full good character direction - your advocate should deal with this. If you have the benefit of a full good character direction, the bench have to find that you are lying to find you guilty. To acquit, they only need have a slight doubt.

[excon]

I had a common assault case against me last year, in fact it was 2 racially aggravated common assaults and a racially aggravated public order. They had CCTV and witnesses along with the victims statements. However I claimed self-defence, which it was, as it was 2 against one, and the racially aggravated element was my mate turning up and becoming abusive to them.

Anyway, no witnesses or victims turned up to court and I pleaded guilty to public order, got a fine and community service. (Only reason I got community service is because I have a record, and I've been to prison, you'll get less, if your even found guilty of anything)

[homeistheuk]

Thank you for all your helpful answers.

1. Oldmaggie, my lawyer did request that all witnesses show up, so that we are given a fair chance to question them all. I was actually wondering whether witnesses even bother showing up? I know that if I were to be a witness, I would be very reluctant to show because I would have to take time off of work and make my way over there, all in all, its a hassle, so I have a sneaking suspicion that a lot of these witnesses will probably not bother to show up.

Do you actually know whether they get reprimanded for not showing up? I am just wondering what scare tactics they use to get witnesses to show up, such as a summons or something.

2. Barmaid, my lawyer who I have retained privately (I got turned down for Legal Aid) said that I should have a character witness since it would help as its my first offence. My lawyer has since resigned from the firm and now the senior partner is the one taking this over. When I met with him, he never mentioned anything about my character witness. I was a bit worried since he was taking it over at such short notice, and he didn't seem to answer any of my pressing questions. In a nutshell, he's older, very experienced and treated my case like it was just an easy, uncomplicated thing, which worried me. As my trial is on 9th September, and the date was approaching, they called to say they will vacate my trial date as the CPS have not yet given all the disclosure for trial. Without this, they say they cannot effectively represent me. So I am waiting on a vacated trial date. A bit bummed, as I wanted this done and out of the way. I am afraid its getting to be such a long time, as the incident happened on 14th February 2009 and it looks like it may well go into next year!

3. Dancairo, yes I was charged with common assault, brought down from an initial charge of ABH. The hearing/trial can only be heard in magistrates court. I was offered free lega