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Arrested for Affray. What will i get?

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L_P_ | 15:48 Fri 22nd Jan 2010 | Criminal
8 Answers
I was on a night out recently for a friend birthday. I had been drinking but wouldnt say i was drunk. We were in a nightclub and i got punched for no reason at all which knocked me to the ground. While i was down 3 or 4 people were kicking me!

It was eventually split up by bouncers and i was taken into a back room to see if i was ok. At this point i was livid and just wanted to get my hands on them! I had 2 bouncers with me. After about 5-10 mins another bouncer walked in with a guy and asked if he was 1 of the people that hit me? I was pretty sure it was so i flew at him and punched him in the eye. In front of 3 bouncer! Silly i know. I was taken to the ground by the bouncers and then kicked out and handed over to the police. I was arrested for Affray - Unlawful Violence - Public Order. I was taken to the police station where after being looked at by a medic an ambulance had to be called for me because of a head injury where i had been kicked. I was in hospital fo 4 hours before being giving the ok. I was then taken back to the police station where i was kept for another 6 hours before being interviewed and released on bail with a date to return.

So what happens now?
Im 21. This is my 1st offence. I have never been in trouble with the police before - Never even had my name taken! And this is completely out of character for me. I go out every weekend and never get in any trouble. Im normally the 1 spliting up fights!

When i return on the giving date what kind of charges am i looking at? Will i get off lightly as its my 1st offence?

Think i should also mention the guy that i hit im not actually 100% sure he was 1 of the people kicking me or not?
If he had nothing to do with it and i hit him for no reason what am i then looking at? Would they be lenient with me as it was just mistaken identity?

If you could help me with this i would be very grateful

Many Thanks
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Sounds like common assault by battery.The least of assaults.Minor injuries (a graze or a black eye), although technically 'bodily harm', don't result in a charge of 'assault occasioning actual bodily harm' because a) you can elect jury trial for abh b) the CPS try to keep a sense of proportion and almost every assault would be abh otherwise.
If so, one...
11:17 Sat 23rd Jan 2010
"Think i should also mention the guy that i hit im not actually 100% sure he was 1 of the people kicking me or not?" - Don't for one minute say that to the police or you might as well just bend over and start practicing looking for the soap. Unfortunately you have already been interviewed, had you told the police you don't remember anything you would of most likely been let off without even being charged. Believe me I've been assaulted before and the police interview the person who hit me and he just said "I can't remember anything" and they had absolutely nothing to hold him on. Anything could happen, it depends if the person you hit presses charges against you. Either way don't mention that you hit someone who might not of even been the attacker - that really doesn't look good for you!
"had you told the police you don't remember anything you would of most likely been let off without even being charged" let me just add to this - I don't mean this would of happened I mean it could of been the case. I'm not for one minute suggesting that denying all knowledge could save a conviction - just past experiences that's all.
Question Author
No. I havent told the the police im not sure if it was him or not. I told the police im 100% sure it WAS him. Im keeping quiet with the rest. Thing is i cant deny it because i wasnt drunk and i was standing in frount of 3 bouncers when i hit him.

Im just being as co-operative as i cant with them and showing as much remorse as i can.
I dont want to go to jail
Likely minimum is a caution for common assault.

Maximum, would be a charge for common assault, this sounds like an assault.

Highly doubt the charge would be ABH for just one hit in the eye.

Highly doubt you will go to jail.
Sounds like common assault by battery.The least of assaults.Minor injuries (a graze or a black eye), although technically 'bodily harm', don't result in a charge of 'assault occasioning actual bodily harm' because a) you can elect jury trial for abh b) the CPS try to keep a sense of proportion and almost every assault would be abh otherwise.
If so, one punch,minor harm,out of character,had been innocent victim of violence, made mistake.....the mitigation stacks up. It's likely a fine but certainly no penalty to lose sleep over
L_P. Please confirm whether the 'injured person' made a formal complaint of assault to the police?.
If the police are investigating you for affray it means the person you hit dores not wish to make a complaint because if he did, they would be investigated for assault. As you have said they must have had a statement from one of the bouncers thats why you were arrested. You might receive a caution or you might be charged and have to go to Court. If this was to happen you could get entenced with a Community Order for Unpaid Work.
Question Author
Thanks for your help guys.
Chances are now though il get off with just a slap on on the wrist. Not even a caution.
I spoke to a few people and its all being sorted for me. All charges are dropped. And no witnesses.

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Arrested for Affray. What will i get?

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