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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69263
Experience:  Over 5 years in practice
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I have been charged with section 39 assault and beating.The

Customer Question

I have been charged with section 39 assault and beating.


The "victim" is accusing me of strangling, hitting, kicking, threatening, and general beating, She has some small bruises about her arm, most of this is false and is being used as a way for her to file to have my children taken from me (Who live with me).


During interview I admitted to pushing her after she pushed me, and threatening her to "leave my house or I will kick you out".


Her friend later contacted me telling me that if I sign the children (who have been with her since bail conditions have been set) over to her she will drop the charges, but I refused and have no evidence of this.


I am due to appear in a magistrates court at the end of the week to face the charges, and would like to know where I stand in regards XXXXX XXXXX criminal case and what kind of sentencing to expect.


Mitigating factors include my younger brothers death a few weeks prior to this happening, nearly losing the family home, and charities I have been in contact with since to help deal with grief/depression/anger issues.

No prior convictions.

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

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

Is this a domestic by any chance?
Customer: replied 2 years ago.

Yes, The "victim" is my ex partner (and mother to my children) She lives in a different home but was at my house when the argument happened.

Expert:  Jo C. replied 2 years ago.
Will she give evidence ?

Has she done this before?
Customer: replied 2 years ago.

She is going to go with the charges so as far as I know she will be giving her statement as evidence.


She has done something similar to her father in the past and I have been informed that he is willing to stand up and make a statement saying such if needed.

She has also interfered with my last two relationships by saying things of a similar nature to scare them off but has not gone to the police, just the women I have been in relationships with.

Expert:  Jo C. replied 2 years ago.

If you are no longer in a relationship with her then probably she will give evidence. You cannot rely on her withdrawing.

This is a difficult case really. On your evidence, you are guilty of a common assault but it would only attract a conditional discharge or a fine. At the outside a low level community order.

On her account though its a much more serious assault.

The Crown will not accept your plea on this basis unless they have a reluctant witness.

You can offer a plea on a basis of the facts that you describe but the Magistrates would probably say that it would make a material difference to sentence and order a Newton hearing to determine between the two events.

If they find in her favour then you would lose credit for a guilty plea.

That said, you shouldn't be pleading guilty to things you haven't done.

On her version of events, its a more serious assault which was sustained and involved strangulation. Its not serious enough for custody unless you have a horrendous record but its going to attract a long term program of intervention from Probation. They might consider the IDAP course although it must be said that isn't usually available for common assault injuries alone.

For future reference, I know its too late now but try not to get involved with women who have previously made allegations of abuse against others. Maybe they have been genuinely abused. Maybe they are just vexatious allegers who are looking for an excuse to be a victim. You don't want to hang around to find out which is true. Find yourself a girlfriend from the vast majority of women in the UK who get through their whole lives without ever even once imaging themselves to be the victim of domestic abuse.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69263
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

No that's fine, thank you for your help.

Expert:  Jo C. replied 2 years 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

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