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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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i have been charged for common assault to my wife, but my wife

Customer Question

i have been charged for common assault to my wife, but my wife didn't complain, it was complained by my neighbor seeing by my angry behavior. The charge was I have beaten her but actually I didn't beat her. My neighbor see me very angry and i was restless, she thought I was beating her and complained and my neighbor is not in a good terms with us so she did complain to see us in trouble
Now I got a notice from the court to appear, can you please advise what I need to do to make this go very smooth and not effecting my career
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

What career do you have, what work do you do?

Max Lowry :

And do you intend to plead guilty to the charge?

JACUSTOMER-zi1jxt6r- :

I am software consultant

JACUSTOMER-zi1jxt6r- :

i am not sure what need to do

JACUSTOMER-zi1jxt6r- :

actually I haven't beaten my wife, this is my neighbur saw me angry with my wife

JACUSTOMER-zi1jxt6r- :

and she complained, and it was infront of our house, my neighbor see this through her window

Max Lowry :

Okay, they police don't need your wife's evidence strictly speaking, they could prosecute on other evidence, such as from the neighbour, cameras, witnesses etc.

Max Lowry :

Okay - why will a conviction for common assault affect your career as a software consultant?

JACUSTOMER-zi1jxt6r- :

my job has got security clearance, I do consulting jobs and I have worked for home office department

JACUSTOMER-zi1jxt6r- :

do I need to take with me solicitor

Max Lowry :

Do you intend to plead not guilty then?

JACUSTOMER-zi1jxt6r- :

whats the best way to close this as soon a possible

JACUSTOMER-zi1jxt6r- :

how does that work?

Max Lowry :

If you plead not guilty, the CPS would have to have a trial. What will your wife say about this?

Max Lowry :

What evidence would she give?

JACUSTOMER-zi1jxt6r- :

she is already denied to police ...

Max Lowry :

Okay. And they are prosecuting anyway, which means they feel they will have a reasonable chance of getting a conviction.

Max Lowry :

So it depends whether you want to deny it and go to trial - which is where you give evidence, get cross examined etc.

JACUSTOMER-zi1jxt6r- :

can you advise whats the best thing

Max Lowry :

It depends, nobody would ever say to plead guilty unless you are, but if you do plead guilty then you will be convicted of the offence.

Max Lowry :

This means you will have a criminal record, albeit the punishment may not be that severe, this is the lowest form of assault type offence, but depends whether you have previous convictions etc.

JACUSTOMER-zi1jxt6r- :

plead guilty means I agree and get convicted

Max Lowry :

Yes, it does.

JACUSTOMER-zi1jxt6r- :

what will be the maximum punishment

JACUSTOMER-zi1jxt6r- :

i am not sure what to do... what If I deny

Max Lowry :

Maximum? 6 months imprisonment, but that's reserved obviously for the most serious of cases.

JACUSTOMER-zi1jxt6r- :

minimum?

Max Lowry :

I would suggest you speak with a solicitor and take him/her with you to the hearing.

Max Lowry :

No minimum as such, but if you're asking what's likely, then it depends, do you have previous convictions?

Max Lowry :

What injuries did she sustain, if any?

JACUSTOMER-zi1jxt6r- :

it is on tuesday

JACUSTOMER-zi1jxt6r- :

no injuries

JACUSTOMER-zi1jxt6r- :

no i don't have any other convictins

JACUSTOMER-zi1jxt6r- :

will there be only fine or imprisonment....

Max Lowry :

Are they saying it's an isolated incident?

JACUSTOMER-zi1jxt6r- :

no, they don't say that

Max Lowry :

They saying it's a regular thing?

JACUSTOMER-zi1jxt6r- :

not that also... i will type

JACUSTOMER-zi1jxt6r- :

Assault by beating

JACUSTOMER-zi1jxt6r- :

contrary to section 39

JACUSTOMER-zi1jxt6r- :

of the criminal justice act 1988

Max Lowry :

Realistically, I would have thought community service is the worst you'd get, but more likely a fine.

Max Lowry :

If they said you were beating her regularly, in the family home, etc., that would be more serious.

JACUSTOMER-zi1jxt6r- :

ok,,, that give me little peace of mind now

JACUSTOMER-zi1jxt6r- :

no, thats not the cae

Max Lowry :

Okay.

Max Lowry :

Does this answer your question for today?

JACUSTOMER-zi1jxt6r- :

so do you think i should deny and go for a trial

Max Lowry :

That's up to you - like I said, if you're innocent, then very few people would say you should plead guilty.

JACUSTOMER-zi1jxt6r- :

what will be the next step if i deny

JACUSTOMER-zi1jxt6r- :

what happens if they prove I am guilty after denying...

Max Lowry :

Then it will go to a trial before the magistrates.

JACUSTOMER-zi1jxt6r- :

what evidence i can provide

Max Lowry :

Your own testimony, other witnesses etc?

Max Lowry :

Your wife, even.

JACUSTOMER-zi1jxt6r- :

will they drag my kids into it

JACUSTOMER-zi1jxt6r- :

?

Max Lowry :

Did they see anything?

JACUSTOMER-zi1jxt6r- :

no, they don't, and in the complained i think they didn't mention anything about my kid

JACUSTOMER-zi1jxt6r- :

when i was angry with my that time my younger one in the car

Max Lowry :

Then it's unlikely they will get involved.

JACUSTOMER-zi1jxt6r- :

but when police questioned me they didn't say anything about that

JACUSTOMER-zi1jxt6r- :

if they ask my kid was present or not, what should i say?

Max Lowry :

If they weren't present, tell them that if they ask.

JACUSTOMER-zi1jxt6r- :

but one of my kid was there, he was sitting on the back seat of my car... i think he was sleeping that time

JACUSTOMER-zi1jxt6r- :

should I say that or not

Max Lowry :

Then its best to be honest if asked about it.

JACUSTOMER-zi1jxt6r- :

will that be a trouble later

Max Lowry :

But like I said, you might want to get a solicitor to appraise the evidence for you and offer you specific advice on it and whether to plead guilty or not.

JACUSTOMER-zi1jxt6r- :

so you suggest i should go with solicitro

Max Lowry :

Yes.

Max Lowry :

Particularly given the effect this might have on your job.

JACUSTOMER-zi1jxt6r- :

what if they proved i am guilty after the trial...

Max Lowry :

If you're acquitted, that's it. Its over.

JACUSTOMER-zi1jxt6r- :

will my penalty increase

JACUSTOMER-zi1jxt6r- :

means

Max Lowry :

You would get a small discount for pleading guilty than you would from the sentence if you contested and were found guilty.

JACUSTOMER-zi1jxt6r- :

you mean to say, if they prove i am guilty will i get imprisonment rather than fine

Max Lowry :

No, you might get a fine if you plead guilty, but otherwise you might get a higher fine or community service.

Max Lowry :

Imprisonment for a first offence of common assault, even on a wife in the street, with no injuries, is highly unlikely indeed.

JACUSTOMER-zi1jxt6r- :

ok..

JACUSTOMER-zi1jxt6r- :

what evidences they can provide,,, will they bring my neighbor to court

Max Lowry :

I expect they will!

JACUSTOMER-zi1jxt6r- :

what if i talk to my neighbour

Max Lowry :

That you'll be arrested for witness intimidation most likely and charged with that too.

JACUSTOMER-zi1jxt6r- :

ok... not then

JACUSTOMER-zi1jxt6r- :

if i get charged do you think it will effect my career especially becuase of i am working for hoem office

Max Lowry :

I doubt it would actually, that's why I asked to start with.

JACUSTOMER-zi1jxt6r- :

so I don't need to worry that much, maximum will be a fine, even if i fail on court... is that right

Max Lowry :

Or perhaps community sentence, but prison is unlikely.

JACUSTOMER-zi1jxt6r- :

ok, and I hope it will not effect my career also

Max Lowry :

Good luck with this - I hope it works out okay for you.

JACUSTOMER-zi1jxt6r- :

thanks

Max Lowry :

Please do remember to rate my answer, and if you need more general information in the future, do just let me know, and I'd be more that happy to try and answer your questions.

JACUSTOMER-zi1jxt6r- :

last one

JACUSTOMER-zi1jxt6r- :

do you know any solicitor in ipswich which i can talk to them today,, please...

Max Lowry :

I don't no, I'm from London, but if you google "Solicitor Ipswich 24 hours" you might find one?

JACUSTOMER-zi1jxt6r- :

ok,,, thank you

Max Lowry :

Thank you!

Max Lowry :

Please do rate as highly as you can for me - if you need me later, you can ask more questions then.

JACUSTOMER-zi1jxt6r- :

ok... how long i can get your service

Max Lowry :

You can ask follow up questions whenever.

JACUSTOMER-zi1jxt6r- :

is this charged of £33

Max Lowry :

Yes, you don't pay anything more than what you've paid.

JACUSTOMER-zi1jxt6r- :

how do i follow up, will they send a mail to me

Max Lowry :

Yes, they will.

JACUSTOMER-zi1jxt6r- :

ok

Max Lowry :

Okay - take care and good luck.

Max Lowry :

Are you able to rate the answer for me?

Max Lowry :

I'm going now if you need anything more, you'll need to let me know now.

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