Common Assault

[Linda9]

Hello,

I got into a fight with a girl in the street. After this, I walked away and went home. To my surprise, I was arrested in my home on tuesday morning for ABH. I was kept in the police station for interview of my accounts. She had made a formal complaint against me and said i had assaulted her, when it was the other way around. She had a scratch on her neck and hand. and two bruises, which she has taken pictures of.

I walked away with a bloody nose and scratches also but did not raise this to the police as I didn't want to press any charges as it was a stupid push and shove incident.

I have now got to go to the magistrates to plead guilty or not guilty for common assault.

I have not had an previous offences and I want to counter claim this allegation for her also to be penalised for this as I don't think its fair that I receive a criminal record for I was not the only one involved. However the only downfall on my side is I don't have pictures of my injuries.

So what to do, plead guilty and hope for a lesser sentence or plead not guilty and take her to court also?

thanks in advance for your help and advice.

[daffy654]

Plead not guilty and state your case in court. I wouldn't bother trying to get her prosecuted though.

[bednobs]

you have already said you do not want to press charges, and i wonder if you've left it too late. How will you prove your injuries? What has your solicitor advised you?

[jd_here]

Go and see a solicitor and taake their advice. If you can't afford it then apply for legal aid to lodge a counter claim against the other party. Good luck

[sara3]

it's not your decision whether she is also prosecuted, that's up to the CPS.

[exdc]

Hi Linda

During police interviews, did you agree that you unlawfully assaulted the complainant or did you raise a defence of self-defence or any other defence etc?.

Regarding post-charge counter-allegations, different forces have different policies on this but most state that a counter-allegation must be recorded and investigated if and when one is made so you will have to contact your local force for an answer.