Help Arrested For Gbh Section18

[Klm92]

I was arrested in the early hours of Sunday morning after a night out, I was walking home when I came across 5 men around my age, we got into an argument and a scuffle broke out I was wrestling with one of them and we fell to the ground I was then repeatedly kicked in the body and head however I bit off a chunk of the guys ear to stop the fight I didn't throw any punches I just used excessive force I completely regret my actions but I was in danger and would have done anything to stop the situation, what are the chances of me going to prison? I'm scared and regret my actions I've never been in any trouble before it was a one off offence please help!!!

[EDDIE51]

If this stays as S18 you are almost certain to go to prison.
S18 has to be a prison sentence unless there are very unusual circumstances that the Judge must explain in open court.
You need a lawyer urgently. There may be a chance that the court will accept a guilty plea and in return drop the charge to S20 which will not be a jail sentence. But you must have a lawyer to help you.

[Buenchico]

The absolute minimum sentence that a judge can pass upon someone convicted under Section 18 (other than in really exceptional circumstances, which don't seem to apply here) is one of 2 years imprisonment. (That's 3 years less one third for a guilty plea at the earliest opportunity). That means that you'd actually serve 1 year in prison, with the rest of the term on licence.

See pages 3 to 6 here:
http://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf
(That's the actual document that judges are obliged to refer to).

Your best hope of avoiding prison is if your solicitor or barrister can get the charge lowered to Section 20, on the grounds that your 'intention' was not to cause serious bodily harm but simply to defend yourself. You might then escape with just a Community Order. (See pages 7 to 10 from my link above).

[Klm92]

I haven't been charged yet, the whole event is on CCTV and its shows that I am getting kicked in the he by all involved I didn't intend to bite him it just happened in theoment to try end what was happening I was scared, I'm going to speak to a solicitor this week just to get their opinion and hope the charge can get lowered.

[razza]

Self defence

[Peter Pedant]

It is obvious that you need a lawyer specialising in criminal law
and as Razza says - self defence is the obvious thing

you will of course have to pay [lawyers' fees]- but you know the alternative is prison.
sorry.

These defences do work - we had a fella at work who had taken a knife off a knifeman and stabbed him with it, and he was acquitted on the first day.