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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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Ive assaulted a bar man 2 days ago , I slapped him on the side

Customer Question

Ive assaulted a bar man 2 days ago , I slapped him on the side of the face as I was short changed . The incident is recorded on cctv . Apparently he's going to press charges , when am I likely to get arrested and what am I likely to get charged with . I received a caution just under 5 years ago for affray and was attacked first .
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Were you drunk?

Did he have any injuries?
Customer: replied 3 years ago.
Yes I was very drunk , he didn't appear to have any injuries and shouted for the door man . His glasses were knocked from his face he immediately picked them up and called for the door staff .
Expert:  Jo C. replied 3 years ago.
Thanks.

Its likely to be a common assault then. If you've had a caution 5 years ago then you are not in theory eligible for another.

However, its not the worst form of common assault. It does involve assaulting a person acting in the course of their duty which is an aggravating feature but its not the most serious.

Probably it falls into the lowest sentencing bracket and it would attract a conditional discharge or a fine at court.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.
Okay . How long is the conditional discharge likely to be ? How long do the police take to react once charges have been put forward ?
Expert:  Jo C. replied 3 years ago.
Probably 12 months.

A fine is possible though.

Usually two to three weeks although it depends on the facts of every case.
Customer: replied 3 years ago.
Would this mean I would get a criminal record ? I'm sure I slapped the guy , though if it was a punch is the outcome likely to be worse even if there's no injuries ?

I apolalize for the inaccuracy in this I was under the influence heavily . I want to outline every possible outcome .
Expert:  Jo C. replied 3 years ago.
Yes, it would be a criminal conviction which would stay with you for life I'm afraid.

It would only show on basic checking for five years probably depending on the sentence you get and eleven years depending on whether or not you commit other offences.
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Customer: replied 3 years ago.
Thank you very much . Would a punch make the outcome of this worse ?
Expert:  Jo C. replied 3 years ago.
A punch with a fist is a rather more serious common assault than a slap I'm afraid.