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Will my ex go to prison for this?

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looloo24 | 20:00 Sun 18th Feb 2007 | Law
6 Answers
last week my partner attacked me, biting my face punching me in the jaw and strangling me for a short while, he has never done anything like this before and has been seeing his GP for help with stress/deppresion and a long term drug problem - i have pressed charges and ended our 6 year relationship, my worry is that he will go to prison for this - i really dont want that to happen as i believe he needs help not punishment - that was my reason for pressing charges because the police told me that that would be the only way he would get help - we have 2 very young children and although i have ended the relationship i will still need to rely on him for financial support and help with the children - he is a great dad and apart from this incident a good person its just that i cannot be with him after he has done this to me.
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Go to prison.....very very unlikely.
you both need professional help and advice and erm I am not sure if answerbank is the best place.

and no I dont think he will go to prison either
What is he being charged with?

The recommended stentence for actual bodily harm is one of a custodial sentence.

However the following are mitigating factors: Single blow, minor injury, provocation (don't know if any of these apply).

Put this together with the current level of prison occupations and the fact that he's been seeking help for depression and it's likely he'd escape a prison sentence especially if you make it clear that you don't think it's warranted.
To a large extent it will be dependnat upon what he is charged with. Assault causing actual bodily harm is a serious offence, but if there are strangulation marks it might be even worse. I would agree with the other responses, as there may well be mitigating circumstances. However you may well get the opportunity to express your views via a victim impact statement. This is an opportunity for you to say how it has (and will) affect you. There are many alternatives to a custodial sentance, but generally the court will also consider how best to prevent it happening again.
I think with his backgroud, magistrates/judge would probably send him for rehabilitation rather than to prison
If its a first offence, very very unlikely a custodial sentence would even be recommended, especially in the current climate of overcrowding etc. Court would probably make an order for a drug rehabilitation course along with some other (probably community) punishment.

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