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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70713
Experience:  Over 5 years in practice
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Good Afternoon Ive recently been involved in an altercation

Resolved Question:

Good Afternoon
I've recently been involved in an altercation with a former work colleague who has had me charged with common assault and also criminal damage (I punched and smashed his car window in a moment of anger, but did not lay my hands on him as he suggests). While this does indeed sound very nasty, and doesn't paint me in a good light, this action was only undertaken after extreme provocation and after I had tried to remove myself from the scene of the incident and, in my opinion, the other party was the initial aggressor.
Unfortunately it is me who has borne the brunt of the Police investigation however I'd like to find out if there is anything that I can do before the court case to show that this was actually a 50/50 incident and the other party actually verbally assaulted me which, in turn, lead to my actions.
At present I will be representing myself in court so any information that you can give me would certainly be helpful.

Many thanks

MG
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.

How can I help with this?
Customer: replied 3 years ago.

Hello


 


Just trying to gather some more information as to whether I can counter charge (if there is such a term) as although I have been charged with an offence I believe that the other party was the initial instigator and I merely retaliated when I feared for my safety.


 


Please let me know what further information is required from me


 


Many thanks


 


MG

Expert:  Jo C. replied 3 years ago.
Thank you.

Of course it is a shame that this was reported but it has been. Unfortunately some people have nothing better to do than report trivia as they never would if they had to pay for the police investigation.

However, whichever way you look at this you have committed an offence and it is no defence to say that you were provoked. You haven't committed an assault by battery although he could argue there was an assault by apprehension.

I don't know whether you had a solicitor in police interview? I would have told you to make and no comment interview and put in a prepared statement denying what you truthfully could.

If you have admitted the facts above then your only option really is to offer a guilty plea on this basis in the hope that the Crown will accept your version of events.

Can I clarify anything for you?

Jo
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