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Hi. Thank you for your question. My name is ***** ***** I will try to help with this.
It could form the basis of an assault by apprehension.
But it could only be a common assault by apprehension.
There isn't a battery so it can't be a common assault by battery or a more serious assault.
I suppose maybe a public order offence possibly but that is stretching the position a little.
Can I clarify anything for you?
yes I am 50 and have a clean record and never been in any trouble. What's the worst case scenario and what in yr opinion is the likely outcome. Have to go down to the police station on Sunday as a complaint has been made.
Have you made any admissions?
I haven't accepted any liability
if that's what yr asking
What are the circumstance
of the incident?
Went for a walk in the park with my dog. My dog snarled at his dog. He became really offensive and personally. When I explained he was out of order and trying to provoke me he then started shouting assault in front of another man. The man walked away and did not want to get involved. He kept shouting assault assault and smiling and laughing behind the witness back. He clearly was not concerned or threated by me at all. It was an act he was playing in front of this other guy. However, I did throw a punch but not really with a clencned fist (that mist) however, concerned witness might say other wise. The man is bigger then me and younger. Where do you think I stand?
The witness did see me throw my arm.
Well, on those facts you are potentially guilty of an assault by apprehension.
Whether or not you would win really comes down to the quality of the evidence against you.
Witnesses quite often don't say what the Crown want them to say.
the police officer came to our house but I was out so have to go to the police station on Sunday.
It depends whether you value your good character.
They will probably offer a police caution.
They are all very well but they do impact on character and are not a commendation. They are better than a conviction and clearly all well and good for people who make a career out of crime.
explain "value your good character
If you don't want to get a caution on your record then your only option is to make a no comment interview in the hope that they won't charge or that you would be acquitted at court.
They might not charge you on these facts. The problem is that the complainant is probably exaggerating.
what would you do in my shoes
It depends how important your record is to you.
I wouldn't want to take a caution.
But the risk of going to court is there.
will a caution go into the press. will people know about it
Nothing much will happen if you are convicted because it is all a load of nonsense but it is a conviction.
But it is very unlikely that the press would report on this anyway even if this went to court.
This is the type of twaddle they don't report upon. Most crime falls into this category. There isn't much serious crime in the UK. Mostly it is just childish complainants using the police to mediate their disputes.
If the public had any idea of the money we waste upon undeserving people who have only become victims either because they place themselves at risk or go around provoking others there would be an outcry.
I am still not clear how I should play this one
It is really a decision only you can take. It depends what is more important to you.
If you don't mind a caution then that will almost certainly be availab.e
if you cannot get a caution for work reasons then it can only be a no comment interview.
do u get fined with a caution
They can impose conditional cautions whereby you have to pay compensation or take some other action to get one but they probably won't here.
Compensation at all would just be inflammatory.
I work as a civil servant so would they get to know about it
Not unless you are regularly CRB checked.
But you may be under a duty to disclose so you need to check your contract.
If you do have to disclose then you might find it would make no difference.
It isn't really an offence that impacts upon your work.
If I say no comment can u define the amount of risk that it may go to court
Difficult question I know but I am trying to weigh up my options
Well, this is really a guess given that we know nothing but bearing in mind that the complainant is probably exaggerating and saying that you did strike him or made threats to kill or some other nonsense that he wouldn't have reported if he had to pay, there is an independent witness who will confirm something then there is a chance that they would charge.
it is a risk.
The issue here really is do you need to avoid a conviction.
The sentence would be minimal and you would never really notice the difference between that and a caution.
If you cannot risk that then a caution is your best option.
But anything can happen.
The witness may not make a statement, the complainant might not come to court, CPS might not warn them to come. They are in turmoil at the moment and this is not going to get top shelf priority.
what would the sentence likely be
On your version of events, probably a conditional discharge.
what do you mean by conditional
that I behave myself
That you don't commit another offence during the discharge period.
No problem. All the best.