s39 assault charge

[belle1968]

Hi
On 3rd december 2010 my husband assauted me. He then telephoned the police and told them I had assaulted him. Before the police turned up he cut his face with a lightbulb which resulted in 2 scratches. The polcie arrived. He told them I had assaulted him. I told them he had assaulted me and they arrested me. I was taken ti the police station and charged. I found out later that the police left the lighbulb at the property with him and when they went back the scratches had then doubled to 4.
I went to court to plead not guilty and my trial date is for april. I am bailed from my home. I have no intention of going back to him anyway. I have instructed a divorce solicitor for the sale of the home.
I have numerous copies of text messages and phone calls from him since the arrest. Some of the texts say he lied and he didn't attack me and he did it to hurt me. During the interview I informed the police he had assaulted me and requested medical attention. I never got it. I also told the police he had self harmed and cut himself and he had told me on numeorus occasions he would get me into trouble and i would never get the house.
i am having to pay for a solicitor to deal with this so I can't even afford to rent anywhere to live until this is over.
My question is how can this be proceeding when it is just his word. Noone checked my inuries (I went to GP to have them documented ) the scratches double when he is left alone. It's utter madness.
Will this get thrown out before my next trial date? I have never been in trouble. The police have previously put a marker on the property when I have left him before. Why is this not being looked at?
Thanks for any help. I feel sick with worry and in shock that anyone could do this

[sara3]

have you shown the text messages to your solicitor?

[AlBags]

In a situation like this .. and you do not have the financial means to defend yourself .. you ought to get Legal Aid on application for charges like this. What does your Solicitor say?
How do you know about his scratches multiplying? Who told you?

I wish you all the best. With prior evidence .. and this evidence, you should win.

[belle1968]

Hiya
Yes I have printed off all the text messages and all the phone calls he has made and I have printed off my phone bill for evidence. They are on the way to my solicitor.
The police statement said he had 2 scratches when they first attended and then 4 when they came back.
I went to another police station the next day and tried to make a complaint about his assault but they told me it would be dealt with in this investigation. It's not.
I went for a trial date on 8th feb. Prior to this he had withdrawn his statement as he wanted me to go to court and take the blame, he said he wouldn't show up and we could live happilly ever after(no thank you) . He went to a solicitor who said he would get a custodial sentence for lying so he wouldn't telll the truth. I told him i didn't want to be with him if he couldn't be honest as i was scared of what he was capable of. He then turned up in court on the morning of the trial and told them that he had been intimidated by me into withdrawing his statement. He's 6ft 2 and I am 5ft 3. He produced 2 text messages from me saying i only wanted him to tell the truth and nothing else. trial adjourned on request of my solicitor so we could produce further evidence. Not eligible for legal aid as I work.
It is so unfair that because of his lies I am homeless, having to defend myself against something I have not done. I have spent 3 years training as a counsellor and if for some mad reason I get found guilty of this I will lose my career. This is destroying me. I cannot stop crying. I have 2 people who witnessed boot marks on my trouser bottoms when I was released from police station after 12 hours and they have provided statements to my solicitor I can't still believe these things happen.

[AlBags]

You need to check the Legal Aid situation again.
Just because you work does NOT mean you do not get Legal Aid.
This is heading towards Crown Court stuff. You will get it.
Just make sure you stick to your guns and do not back down .. otherwise you may be deemed to be the guilt-ier party.

GL. Al.

[belle1968]

I'm definitely not eligible for legal aid. Do you really think this will go to crown court? why would it go to crown court? God this is scaring me so much

[New Judge]

This will not go to the Crown Court.

Section 39 (Common Assault) is a "summary" offence and can only be dealt with in the Magistrates' Court.