section 39 common assault

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m-fletcher | 19:44 Sat 22nd Nov 2008 | Criminal
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could any one tell me what i should plead. ive been charged for section 39 but this was reduced from section 47. i was driving along a road with my 8 yr old when 4 youths (boy racers) tried to stop me gettting in front of them on a dual road that goes down to single carridge way in rush hour traffic. after several miles of abuse by them following me and pulling along side me, scaring my daughter to tears i pulled back in front of them and got out. walked over to there car and lent in to be further abused and a clash of heads from the driver on me, i grabbed his face and pushed his face. Hes now saying ive punshed and head butted him making his face red. lol. but unfortunately the police have now charged me for the lower charge of section 39. ive pleaded not guilty to the charges that hes said and i go to court in a coupple of weeks. should i just plead guilty and get it over in 1 court hearing. ive no record apart from a fight i had when i was 15. what could i get sentaced with.
thanks mark


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Hi. Whenever you go to court you will be tried on the evidence. There is the police interview, and the witness statements from the injured party and his mates against your word. The fact that you have been charged tells me that CPS have reviewed the evidence and in their opinion there is sufficient evidence for you to be found guilty. After reading your version of events you appear to be the aggressor and the magistrates sympathy will probably go to the injured party. If I were you when you go to court, make sure you have a solicitor or you you can use the services of the duty solicitor at court. I would instruct your solicitor that you are willing to plead guilty to common assault but not guilty to common assault and battery. because CPS dont want a trial that they could lose they would most probably accept your plea. You could expect to get a community order, a fine, and costs.
just an opinion... I can't think why you took on 4 "boy racers" on your own and in the presence of your terrified daughter.

what the hell were you thinking??
As zbearspirit says above, your probably better off just pleading guilty.
The most i can see you getting is a fine, (which may just be the court costs) and a community order...
m-fletcher,as i can understand your anger,and would've been equally angry,but walking over to some kids car and leaning your head in,grabbing their face and pushing him? around here you would've ended up with a bullet in your head......if not by the kid you one of his family.........think yourself lucky all you got was arrested,instead of your kids being fatherless,next time report it to the police and let them find the offenders via cameras etc.....dont be a hero......and let your kids end up with zero....
want me to guess your sentence? assuming you plead guilty you get an automatic third of your sentence.

I'd say... 150 hours Community Punishment Order (unpaid work), a 12 month sentence suspended for 6 or 12 months, costs, plus a �15 Victim Surcharge.

let me know if I'm right.
Mark - plead not guilty. CPS sometimes send out a "complaint" in the hope you'll just plead to it and keep their stats up (fishing). Chances are the bully-boys won't even turn up to give evidence, in which case you should get your lawyer to push for no case to answer.

Don't just roll over mate, you really need to stand up for yourself. The court has to believe an 8 year old over some thugs who probably have convictions of their own. Even if found guilty, I reckon you'd get admonished, or a small fine.
Sorry, I don't agree with
I think you should plead guilty with the aid of a solicitor who will tell you the same.A crime of assault was committed by yourself.The circumstances don't mean much in court and you will get a community order and possible fine and that'll be the end of the matter.
If you contest the charge by pleading Not Guilty and even if one boy turns up for the prosecution to tell his side of the story and you are found guilty, a custodial sentence (jail) is definetly on the cards as well as a fine and possibly put your driving licence at risk as well.
More info please

How did they stop you getting in front of them? Why did you need to - were they driving way under the speed limit to deliberately hold up traffic?

Did they follow you after you overtook them? Did you stop in the middle of the road to have it out with them, or did they follow you when you parked up?

On the face of it you were the aggressor - getting out of your car and leaning in to theirs. What did you expect them to do?

Did you have no opportunity to drop back or turn off? This was rush hour and it should have been easy to get a few cars between you,

Unless I've read the facts wrongly you should plead guilty and expect community service.
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it was rush hour so traffic was 5-10mph. they followed me until we came to the next dual carridge way were they pulled along side and carried on there abuse. so i pulled back in front and stopped. yes i know it was a mistake and no its not something that i would usually do. i told the police i was guilty of stopping and grabbing his face but not what there saying ie head butting and punshing. in there statement they said i head butted him but he had sun glasses on so it cushioned the blow, and i punshed him once but yet he was covered in red marks. how can he be if i only punshed him once. madness.
To be honest with you Mark, even though it was extremely unfair and unjust by the 'boys', in the eyes of the Law you got out of the car, you went over to them and YOU attacked them. Rightly so too but Law wise you are the one in the wrong, and if I was you I would plead GUILTY.

I agree with a earlier statement, around here you were lucky to get arrested. It could of been a hell of a lot worse for your Daughter, you are a grown man and your actions are your own but think of your Daughter Mark, if you persue your innocence, will this not back fire on you from the 'boys'?

Depending on wether the guy needed hospital treatment or not, but from what you have said, I can imagine you would get a caution.. You have no other previouses that matter, and at worse a fine and community service as stated earlier.
But that's only if you plead Guilty. If you plead Non Guilty, I can imagine that you can end up with a helll of a lot worse. Is it worth takingt he chance knowing you were in the wrong.?

Frustrating I know because in your eyes they did deserve it, but a police approach may pay off better next time or even late at night get ya keys out and go looking for their car :-)

I wish you luck xoxo
Just as a matter of interest blackalbino where do you live ?
well hello dolly lol
You shouldn't plead guilty to something you didn't do, however, common assault seems to be made out from the facts as you've given them. Have a look at and see what others have received for common assault.
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section 39 common assault

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