Common Assault Charge

[Vidhi1316]

My husband has been charged with common assault, he was out at a club he regularly goes to with his boss and a couple other colleagues - he was completely drunk and has had a blackout.

A girl has claimed that he asked her to dance, upon saying no he came up behind her and hit her on the head, she has not suffered any injuries, but has made a claim of "tenderness" to the head in her statement.

We have our court date tomorrow where he has to plead guilty or not guilty, CCTV has recorded it and he has been told by the bouncer of the club that he has made contact and was restrained by himself and other bouncers.

The bouncer had seen him stumbling around earlier in the night but didnt remove him from the club as he was a regular.

Please advise on the consequences of each of the pleas - which category of common assault does it seem he would fit into?

[Buenchico]

>>>which category of common assault does it seem he would fit into?

There aren't any categories of common assault. (There are different categories of assault, such as common assault, assault causing actual bodily harm and assault causing grievous bodily harm but common assault isn't subdivided - except that where a 'battery ' occurs the actual wording of the charge used is 'assault by beating').

'Common assault' doesn't require any injuries to be caused. You can be found guilty of the offence simply (for example) by pushing someone, grabbing their arm or even by ruffling their hair. If your husband 'applied unlawful force' to the woman in the night club then clearly he's guilty and that is how he should plead.

The circumstances you've described (where both 'harm' and 'culpability' are likely to be classed as 'low' by the court) make it a Category 3 offence, which can only be dealt with by a fine. (Theoretically an offender can get away without even being fined but that's not going to happen). A Category 3 offence can't result in either a Community Order or a custodial sentence. Even if the court was to view the offence as 'Category' 2 (which, from what you've written, would seem to be extremely unlikely), the sentence has to be a fine or a Community Order. (A custodial sentence can't be passed).

[New Judge]

And to add to Buenchico's excellent answer, from your description your husband really has no option but to plead guilty. It would seem the evidence against him is quite overwhelming and to go to trial would be foolish. If he has a clean record he may be dealt with by way of a Conditional Discharge. But also be prepared to pay prosecution costs (usually about £85 for a guilty plea), a Victim Surcharge (£15 if dealt with by way of a Conditional Discharge, 10% of the fine if fined) and possibly compensation to the victim.

[Vidhi1316]

Thank you Buenchico - thats what I meant by Category (1 / 2 / 3) - from the research I have done it seems to be that it would be Category 3 aswell, however as i came across this website I thought I would put it out there.

Is anybody also aware of how this will affect his visa status if we wanted to go to the USA on holiday?

[Buenchico]

>>>Is anybody also aware of how this will affect his visa status if we wanted to go to the USA on holiday?

The information given on the US Embassy's website (and elsewhere on US Government websites) states that anyone who has ever been convicted of an offence (or simply admitted one, as Nigella Lawson did when she admitted to using cocaine) or who has simply been arrested (even though totally innocent) is ineligible to enter the USA under the 'Visa Waiver Program' (i.e.with an 'ESTA').

So your husband is required to apply for a visa, which is a lengthy and tedious process (involving getting hold of a copy of his police record and attending an interview at the US Embassy in London).

Fortunately, however, his offence is not one of 'moral turpitude'. (Anyone convicted of an offence of moral turpitude, other than a single offence as a minor, is automatically barred for life from entering the USA. Something as simple as nicking a single sweet from a pick-&-mix display constitutes moral turpitude. It is possible to appeal against the ban but it can take well over a year to do so). So his chances of getting a visa are certainly better than those of many other people with criminal convictions but it would definitely be wisest to start the visa application several months before booking your travel, as a recent conviction might still result in a refusal.

[Vidhi1316]

Thank you all - he got a conditional discharge for the period of 6 months. it is the best we could have hoped for.