Will My Boyfriend Get A Prison Sentence

Jessieh94 | 13:42 Wed 12th Nov 2014 | Law

27 Answers

My boyfriend got into some trouble when we was out he never normally drinks but decided to this night he ended up in a fight and broke someone's jaw he hit them once and walked off and is getting charged with abh and gbh section 1 he has pleaded guilty as he knows he done wrong he has never been in trouble before and seriously regrets what he has done just panicking now as he has to go to court just before Christmas what should he expect thanks

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DTCwordfan

Best Answer

A good lawyer would 'negotiate' out the GBH and then work on mitigation around ABH that he was provoked....doesn't mean that he wasn't guilty but rather that there were extenuating circumstances - resulting in a community service and fine as punishment - and if it is his first offence?

13:59 Wed 12th Nov 2014

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nailit

NJ, surely its crown whether its ABH or GBH?

New Judge

GBH with intent (S18) is indictable only (Crown Court)

GBH (S20) is "Either Way" (though only offences at the very lowest end of seriousness will be dealt with in the Magistrates' Court)

ABH is "Either Way". The majority of offences are heard in the Magistrates' Court with only the more serious going to the Crown Court.

Jessieh94

Question Author

Crown courts :/

Jessieh94

Question Author

Crown court :/

New Judge

Since you said he pleaded guilty and since it is now being dealt with in the Crown Court I assume that, following his guilty plea at the Magistrates' Court, the magistrates decided that their powers of sentencing (maximum six months custody) were insufficient. As a result they sent him to the Crown Court for sentencing where he will be sentenced by a judge. Please tell me if this is incorrect. (For example, he may have initially pleaded not guilty and elected Crown Court trial himself, and then changed his plea).

If my assumptions are correct, the magistrates would have had more detail than we have here when making their decision and they believed a sentence of more than six months was warranted. For that reason I cannot understand how his solicitor can suggest that he "...don't even have the thought of prison in his head as he will not be going to prison" as, from what you tell us, it is a distinct possibility.

Jessieh94

Question Author

He originally had court in Cwmbran they then adjerned it to December and it's now in crown court mixed emotions his lawyer is saying get the thought of prison out of your head it's not going to happen because he only hot him once and didn't hit him whilst he was on the floor so confused if u think he will be going to prison :(

Jessieh94

Question Author

Had court in Cwmbran because that's were the incident happened and that's were he was arrested

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