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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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,what is the maximum and minimum punishment for "assault

Resolved Question:

hi,what is the maximum and minimum punishment for "assault by beating"-section 39 of the Criminal justice Act 1988?It happened being drunk and I don't remember anything that happened. So should I plead "guilty" to get a softer punishment? I have no criminal record until now.I have to appear in front of the Westminster Magistrates Court(181 Marylbone Road, NW1 5BR)on the 16th of February. Will I find out my punishment on this term? What is the expungement term for this act?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this
Alex Watts : for now please let me know if you were interviewed or if there is CCTV ?
Customer:

There is no CCTV but I was interviewed by the police

Alex Watts : Did you admit it? Briefly what were the circumstances
Alex Watts : I am just on the train so signal may me on and offline
Customer:

I told police that I don't remember anything because I was drunk but there are 2 witness declarations that I punched a guy's lip without any reason. The guy needed 2 stitches at his lip in the hospital

Alex Watts :

The maximum sentence for common assault is 6 months.

Alex Watts :

However you if you plead guilty you automatically get 1/3rd off

Alex Watts :

Page 214 of the Sentencing Guidelines (available for download) states:

Alex Watts :

Greater harm (injury or fear of injury must normally be present) and higher culpability - Category 1

Alex Watts :

Greater harm (injury or fear of injury must normally be present) and lower culpability;


or lesser harm and higher culpability - Category 2

Alex Watts :

Lesser harm and lower culpability - Cat 3

Alex Watts :

Sentencing:

Alex Watts :

Cat 3 - starting point: High level community order Range: Low level community order – 26 weeks’ custody

Alex Watts :

Cat 2: Medium level community order Range: Band A fine – High level community order

Alex Watts :

Cat 3: Band A fine Range: Discharge – Band C fine

Alex Watts :

I would think based on what you have said it would be a Community Order at the very most

Alex Watts :

There is no risk of custody

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

what about the expungement of this fact from the criminal record?will we know the punishment at the first term? if we are not happy with the sentence can we contest it?

Alex Watts : Yes you can appeal sentence. You will have a criminal record you can't avoid that.
Alex Watts : I am sorry
Customer:

The criminal record will be forever? or it will be erased after few years?

Alex Watts : Forever but spent after a period of time
Customer:

1) Can I do something to prevent going to custody?or is 100 % sure that it will not be the case? being the first time

Customer:

2) Is there any chance to get a conditional discharge if I will provide some letters that I did some charity work before and I am a good person?

Customer:

3) What happens at the first term? Do I need a solicitor or a barrister for the first term? Or both of them?

Alex Watts : 1) Never 100% sure but very unlikely.
Alex Watts : 2) Coniditonal discharge also very unlikely.......
Alex Watts : 3) The first hearing is to enter a plea. You may be sentenced that day or several weeks later. You can get a solicitor or barrister if you wish.
Alex Watts : Does that help?
Customer:

thank you

Alex Watts : Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen
Alex Watts : If you need more help please click reply
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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