Common Assault and threatening to kill charges sentence

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Farhad | 20:12 Tue 10th Jul 2012 | Law
5 Answers
I had an argument with my wife about two weeks ago, she got angry and walked out of the house. I followed her, tried to get her back home but she didn't. She was crying and I left her on the street expecting she would be back in a few minutes. However, a member of public informed police that there is a beaten woman on the road.

Police came immediately, took her to hospital as she is pregnant. She told police that I threatened to kill her and the baby if she caused any harm to my parents. She also reported that during our argument I twisted her arm and pushed her back. I went after her and police arrested me for the offence of threatening to kill and actual bodily harm (assuming arm is fractured but I am sure that wouldn't be the case). I am on bail, my wife is in police care and I have to go back to police station after two weeks.

In my statement, I told police that I never threatened her and I had no intentions to harm her. I was trying to see something she was hiding from me and held her arm but with no intentions to harm her (I stated our physical contact was minimal during argument).

I have no contact with my wife. Solicitor says I might be charged with common assault. What are are possible charges / sentence I can get? My wife is dependent on me and we live in a rented house. How the case will proceed, I am totally blind what stance my wife is going to take against me! Please advise


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Question Author
I have no previous offences / convictions.
Get legal advice immediately.
you say you have a solicitor (whom i assume you are paying)
why not ask her about possiblr scenarios
Question Author
I discussed the case with duty solicitor. Have contacted a criminal solicitor but he has advised to get in touch if I get charged after two weeks...

He also thinks that probably it comes under common assault... what could be the possible sentence?
Common assult is a magistrate court only offence , no chance of a prison sentence unless there are very unusual circumstances and zero chance in a case like this. You may very well not be charged but it is standard practice now for the CPS to decide from the evidence alone to proceed or not. They can and do disreguard a statement from one of the injured partners and proceed even if the partner withdraws the statement. This is because women in particular often withdraw a statement as they no longer want to go ahead, sometimes the woman (or man) withdraws the statement because they have been threatened again, therefore the CPS will often ignore the state ments and charge or not on the physical evidence alone.
As the solicitor says you have not been charged yet so just wait and see what happens .

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