Home & Garden1 min ago
Common Assault
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Last night I was charged with common assualt on my daughter. I have been told I have to attend court. I am devasted. I need a sollicitor. Can any-one please tell me the procedure and outcome. As I am pleading not guilty.
Answers
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The procedure is that you attend the Magistrates� court, appear before the magistrates and you will be asked to enter your plea.
If you plead not guilty a date will be set for a trial. This could be up to three months hence, but may be as soon as four weeks. You can call witnesses in your defence if you wish.
You will be served with the evidence the prosecution has against you. When you reappear for your trial the prosecution will put its evidence before the court, relying upon any witnesses whose evidence is in dispute. You can then put your version of events to the magistrates, calling any witnesses you may have. The magistrates then decide their verdict.
If you are found guilty the maximum penalty for common assault is six months custody and/or a fine of �5,000. Magistrates� sentencing guidelines suggest that the offence should be dealt with by way of a fine or a conditional discharge if no aggravating features are present. A community order (�probation� or unpaid work) is appropriate where one aggravating feature exists, and custody should be considered if two or more are evident.
Examples of aggravating features are:
- Use of a weapon
- Headbutting, biting, kicking or attempted strangulation
- Abuse of a position of trust
- Performed because of hostility towards a minority group
A domestic setting (which is perhaps evident in your case) will also aggravate the offence.
You will also be liable to pay prosecution costs (around �450 if a trial is necessary) and a �15 Victim Surcharge if you are fined. Pleading guilty at the earliest opportunity will reduce the substantive sentence by a third and reduce the costs to about �60. You may also be ordered to pay compensation to the victim.
You need to consult a solicitor before entering your plea.
If you plead not guilty a date will be set for a trial. This could be up to three months hence, but may be as soon as four weeks. You can call witnesses in your defence if you wish.
You will be served with the evidence the prosecution has against you. When you reappear for your trial the prosecution will put its evidence before the court, relying upon any witnesses whose evidence is in dispute. You can then put your version of events to the magistrates, calling any witnesses you may have. The magistrates then decide their verdict.
If you are found guilty the maximum penalty for common assault is six months custody and/or a fine of �5,000. Magistrates� sentencing guidelines suggest that the offence should be dealt with by way of a fine or a conditional discharge if no aggravating features are present. A community order (�probation� or unpaid work) is appropriate where one aggravating feature exists, and custody should be considered if two or more are evident.
Examples of aggravating features are:
- Use of a weapon
- Headbutting, biting, kicking or attempted strangulation
- Abuse of a position of trust
- Performed because of hostility towards a minority group
A domestic setting (which is perhaps evident in your case) will also aggravate the offence.
You will also be liable to pay prosecution costs (around �450 if a trial is necessary) and a �15 Victim Surcharge if you are fined. Pleading guilty at the earliest opportunity will reduce the substantive sentence by a third and reduce the costs to about �60. You may also be ordered to pay compensation to the victim.
You need to consult a solicitor before entering your plea.
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