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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70519
Experience:  Over 5 years in practice
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I have appeared at court via virtual link and pleaded

Customer Question

Hello. I have appeared at court via virtual link and pleaded guilty to 2 accounts of common assault against my wife of (married for 18 years) Our relationship has become volatile due to alcohol and my wife is presently receiving help from a local detox centre and seeking community detox. She recently was admitted to hospital due to fitting and was violent towards the staff resulting in her having 24 hour security for the 3 days she was admitted. anyway I accepted placing my hand over my wifes mouth to stop her from screaming profanities at our neighbours but worse holding a knife that I pushed into the floor but denied threatening her with it. I have also signed up for my own detox. I have worked in the same job for 18 years and am 46 years old with no previous convictions. I am also my wifes carer and we love each other dearly and do not want to slit up. We have been together for 26 years. I have to see the probation for my presentencing report. Obviously I'm worried about the knife and realise that the sentence carries a 6 month custodial sentence. In your experience is it likely I will get a custodial? I know you can't say for certain but I'm out of my wits with worry. My wife has dropped the charges but as I admitted guilt then the CPS have rightly decided to go ahead. Thank you for your time in reading. Regards Andy
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
It is a shame you pleaded. For future reference, we never plead guilty upon a domestic until the complainant actually walks into the witness box and is willing to give evidence. This would have disappeared into nothing.
I wouldn't worry about the first assault. I'm not actually sure you didn't have a defence on these facts. The knife is the issue here.
The practical reality is that it is an aggravating feature and you can't hide from that. It isn't going to lead to custody on a first offence though and even if it were they would suspend it. Almost nobody gets custody on a first offence.
Probation will assess you and come up with some nonsense course for you to do that will address issues that you do t have and if you do it then that will be the resolution.
There may be costs and compensation as well.
Sorry you are in this position. We all have rows. For what it is worth, in my opinion this nonsense should be in the family courts if it needs litigation at all.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your help. As you can imagine I'm still nervous but will try to remain positive. again Thank you. Regards Andy

Expert:  Jo C. replied 2 years ago.
Yes I do understand. It is worrying but you won't get custody.