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Wife Charged Common Assault (Domestic), Help Please....
Last Saturday, a small argument between my wife and I led to a completely irrational incident - my wife pulled a cup of tea (with boiling water) to me which caused me burnt, I immediately reacted angrily be punching her 2-3 times with her noise bleeding. Dear Daughter was next to me and absolutely scared.
Called police and ambulance, spent some time at A&E and straight back home. Wife also went to hospital and then taken to the police station. I gave my statement and stupidly not realise the consequence. Daughter was taken under police protection until next day. Wife eventually got charged and bailed with condition - not to contact me. I moved out that night.
The next day morning I went straight into police station and submitted my withdraw statement however it was too late as CPS already confirmed court date in two weeks. I insisted that when I recorded statement I was not aware of evidence against my wife and I have no intention to take my wife to the court.
Now I cannot contact my wife and I miss both her and my daughter so much. I wish nothing happened as it seems unfair to her to be charged. Equally don't think myself qualify as 'victim' as I also fought back on her seriously.
Best scenario: CPS confirm withdraw before court date - I guess that's low probability?
Worst scenario: I see myself and wife meet up on court date - she gets charged, pleas guilty and sentenced? seems so unfair. Why would I call the police....
Help and advice please. Many thanks...
Called police and ambulance, spent some time at A&E and straight back home. Wife also went to hospital and then taken to the police station. I gave my statement and stupidly not realise the consequence. Daughter was taken under police protection until next day. Wife eventually got charged and bailed with condition - not to contact me. I moved out that night.
The next day morning I went straight into police station and submitted my withdraw statement however it was too late as CPS already confirmed court date in two weeks. I insisted that when I recorded statement I was not aware of evidence against my wife and I have no intention to take my wife to the court.
Now I cannot contact my wife and I miss both her and my daughter so much. I wish nothing happened as it seems unfair to her to be charged. Equally don't think myself qualify as 'victim' as I also fought back on her seriously.
Best scenario: CPS confirm withdraw before court date - I guess that's low probability?
Worst scenario: I see myself and wife meet up on court date - she gets charged, pleas guilty and sentenced? seems so unfair. Why would I call the police....
Help and advice please. Many thanks...
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Sorry guys pls bear with me as I am a bit helpless. She deliberately spilled boiling hot water on me which caused me burnt (looks horrible and painful). Yes I did punch back in front of our daughter. She's clean before and I don't understand why she's charged I should as well. Now is how to resolve the mess.......
As I have explained many times on here, once a statement is made it CAN NOT be withdrawn!
All you can do is to make another statement explaining why the first one was not correct. Both statements will be used as evidence if the case gets to court.
In domestic violence cases the policy of the CPS is that if there is sufficient evidence then the case always proceeds .
It does not matter if one party (or even both parties) want to withdraw statements. The case will proceed on other evidence.
In this case there will be medical evidence of the scald (burn) and of the injury to the woman's nose . The police ,ambulance and hospital staff will have given statements which will be used. Your daughter may possibly ( depends on her age) be asked for a statement, or can give video evidence/statement.
The phone call to the police and ambulance will have been recorded and will be used as evidence.
To sum up there is plenty of evidence to take the case to court, as this is common assault there is almost no chance of a jail sentence so you will just have to wait and see what happens.
I just need to remind you that a guilty plea at the first opportunity will mean that any sentence you get will be reduced by 1/3rd.
This includes community service and fines, as I have already said a jail term is not a realistic possibility in this case.
All you can do is to make another statement explaining why the first one was not correct. Both statements will be used as evidence if the case gets to court.
In domestic violence cases the policy of the CPS is that if there is sufficient evidence then the case always proceeds .
It does not matter if one party (or even both parties) want to withdraw statements. The case will proceed on other evidence.
In this case there will be medical evidence of the scald (burn) and of the injury to the woman's nose . The police ,ambulance and hospital staff will have given statements which will be used. Your daughter may possibly ( depends on her age) be asked for a statement, or can give video evidence/statement.
The phone call to the police and ambulance will have been recorded and will be used as evidence.
To sum up there is plenty of evidence to take the case to court, as this is common assault there is almost no chance of a jail sentence so you will just have to wait and see what happens.
I just need to remind you that a guilty plea at the first opportunity will mean that any sentence you get will be reduced by 1/3rd.
This includes community service and fines, as I have already said a jail term is not a realistic possibility in this case.
Hi Ed
giving good advice and getting the usual.....I see
wasnt it obvious that ed's advice applied to anyone ( man or wife) who pleaded guilty at the earliest instance ?
I think the Best Scenario is that you hire a lawyer
OK she hires a lawyer
The American judge at the Nuremburg Trial's most famous dictum apparently was : "Anyone who talks to the police is crazy" - you are learning why or how.
giving good advice and getting the usual.....I see
wasnt it obvious that ed's advice applied to anyone ( man or wife) who pleaded guilty at the earliest instance ?
I think the Best Scenario is that you hire a lawyer
OK she hires a lawyer
The American judge at the Nuremburg Trial's most famous dictum apparently was : "Anyone who talks to the police is crazy" - you are learning why or how.
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