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Remus2004
Remus2004, Advocate
Category: Employment Law
Satisfied Customers: 70117
Experience:  I am a barrister
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I am out on operations and tried to move someone out of my

Customer Question

I am out on operations and tried to move someone out of my way as I felt threatened by there actions and I was sitting down, and in the process the other guy hit me in the face,
The statements were took by all witnesses in the room and stent to army legal who have said I was fighting, and I'm up on Commanding summary hearing soon
To if the statements say we pushed each other an he has hit me and the other party an one witness say I leaped out of my chair and grabbed him by the throut
Can I get any advise on this when I comes to my CO summery hearing should I write a plea of imtugation and state the reasons why I Tryed to get the individaul away from me or plea not guilty, or final take to to trail by court Marshall as only advice I have had is what people thing thank you.
Submitted: 13 days ago.
Category: Employment Law
Expert:  Remus2004 replied 13 days ago.

Are you in the British military?

Customer: replied 13 days ago.
Expert:  Remus2004 replied 13 days ago.

What is your service record like?

Customer: replied 13 days ago.
Only thing I have on my record is a negligent discard of a blank when in training around 7 years 6 months ago apart from that clean.
Customer: replied 13 days ago.
Blank round sorry,
Expert:  Remus2004 replied 13 days ago.

It is a defence to the offence of fighting to say that you had reasonable excuse and self defence would fall within that definition.

Obviously I haven't had vision of the evidence though. You do seem to be saying you struck him first which can be pre-emptive strike self defence but is always hard to run.

The witnesses seem to be against you as well.

Your defending officer should help with this but, on the face of it, there would seem to be a case against you. Even on your own evidence a conviction is likely.

therefore, generally it is better to be sentenced by CO. You don't get independent representation although you can pay for it.

Can I clarify anything for you?

Jo

Customer: replied 13 days ago.
No that's okay thank you for your time.
Expert:  Remus2004 replied 13 days ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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