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What Sentence Do U Get If Ur Charged With Assault By Beatings And Threats To

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Amylg89 | 22:34 Sun 08th Apr 2018 | Law
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'Assault by beating' is an alternative charge to 'common assault' and carries the same penalties.

When determining the appropriate sentence, the magistrates have to decide whether it's a 'Category 1', 'Category 2' or 'Category 3' offence. A prison sentence can't be passed for a Category 3 or Category 2 offence and can only be passed for offences at the upper end of 'Category 1'. The most common outcome is a community order.

See pages 213 to 216 here for further details:
https://www.sentencingcouncil.org.uk/wp-content/uploads/Sept-2015-MCSG-pdf1.pdf
(That's the actual document which the magistrates must refer to).

'Threats to kill' can theoretically be seen as far more serious. If the case ends up in the Crown Court the maximum penalty is 10 years imprisonment. However threats issued in the heat of the moment, having no more than a fleeting impact on the victim, can't result in a custodial sentence (Only a community order can result from such threats).

See page 104 from my link for more information.

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