How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

if I swing a punch and miss what are the implications? No contact

Customer Question

if I swing a punch and miss what are the implications? No contact was made what so ever.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Jo C. :

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

Jo C. :

It could form the basis of an assault by apprehension.

Jo C. :

But it could only be a common assault by apprehension.

Jo C. :

There isn't a battery so it can't be a common assault by battery or a more serious assault.

Jo C. :

I suppose maybe a public order offence possibly but that is stretching the position a little.

Jo C. :

Can I clarify anything for you?

JACUSTOMER-kl8aubck- :

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.

Jo C. :

Have you made any admissions?

JACUSTOMER-kl8aubck- :

no

JACUSTOMER-kl8aubck- :

I haven't accepted any liability

JACUSTOMER-kl8aubck- :

if that's what yr asking

Jo C. :

What are the circumstance

Jo C. :

of the incident?

JACUSTOMER-kl8aubck- :

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?

JACUSTOMER-kl8aubck- :

The witness did see me throw my arm.

Jo C. :

Well, on those facts you are potentially guilty of an assault by apprehension.

Jo C. :

Whether or not you would win really comes down to the quality of the evidence against you.

Jo C. :

Witnesses quite often don't say what the Crown want them to say.

JACUSTOMER-kl8aubck- :

the police officer came to our house but I was out so have to go to the police station on Sunday.

Jo C. :

It depends whether you value your good character.

Jo C. :

They will probably offer a police caution.

Jo C. :

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.

JACUSTOMER-kl8aubck- :

explain "value your good character

Jo C. :

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.

Jo C. :

They might not charge you on these facts. The problem is that the complainant is probably exaggerating.

JACUSTOMER-kl8aubck- :

what would you do in my shoes

Jo C. :

It depends how important your record is to you.

Jo C. :

I wouldn't want to take a caution.

Jo C. :

But the risk of going to court is there.

JACUSTOMER-kl8aubck- :

will a caution go into the press. will people know about it

Jo C. :

Nothing much will happen if you are convicted because it is all a load of nonsense but it is a conviction.

Jo C. :

No.

Jo C. :

But it is very unlikely that the press would report on this anyway even if this went to court.

Jo C. :

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.

Jo C. :

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.

JACUSTOMER-kl8aubck- :

I am still not clear how I should play this one

Jo C. :

It is really a decision only you can take. It depends what is more important to you.

Jo C. :

If you don't mind a caution then that will almost certainly be availab.e

Jo C. :

if you cannot get a caution for work reasons then it can only be a no comment interview.

JACUSTOMER-kl8aubck- :

do u get fined with a caution

Jo C. :

No.

Jo C. :

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.

Jo C. :

Compensation at all would just be inflammatory.

JACUSTOMER-kl8aubck- :

I work as a civil servant so would they get to know about it

Jo C. :

Not unless you are regularly CRB checked.

Jo C. :

But you may be under a duty to disclose so you need to check your contract.

Jo C. :

If you do have to disclose then you might find it would make no difference.

Jo C. :

It isn't really an offence that impacts upon your work.

JACUSTOMER-kl8aubck- :

If I say no comment can u define the amount of risk that it may go to court

JACUSTOMER-kl8aubck- :

Difficult question I know but I am trying to weigh up my options

Jo C. :

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.

Jo C. :

it is a risk.

Jo C. :

The issue here really is do you need to avoid a conviction.

JACUSTOMER-kl8aubck- :

yes

Jo C. :

The sentence would be minimal and you would never really notice the difference between that and a caution.

Jo C. :

If you cannot risk that then a caution is your best option.

Jo C. :

But anything can happen.

Jo C. :

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.

JACUSTOMER-kl8aubck- :

what would the sentence likely be

Jo C. :

On your version of events, probably a conditional discharge.

JACUSTOMER-kl8aubck- :

conditional?

JACUSTOMER-kl8aubck- :

what do you mean by conditional

JACUSTOMER-kl8aubck- :

that I behave myself

Jo C. :

That you don't commit another offence during the discharge period.

JACUSTOMER-kl8aubck- :

ok thanks

Jo C. :

No problem. All the best.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions