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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I've been charged with common law assault by beating what is

Customer Question

I've been charged with common law assault by beating what is my likely sentence if I'm found guilty
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know what the injuries were and do you have any previous?
Was it DV related?
Customer: replied 2 years ago.

No injuries but I did receive a fine for assault in 2004

Customer: replied 2 years ago.

It was dv related

Customer: replied 2 years ago.

Hi Alex did you get my reply

Expert:  Ash replied 2 years ago.
What were the circumstances please?
Customer: replied 2 years ago.

We argued over my phone she threw it so I picked her phone up and held her off as she tried to get it back she was hitting me so I intentionally broke her phone wich has since received payment from me for a new one. But she has told police that I also kicked and slapped her wich I deny and she has no injuries at all.

Expert:  Ash replied 2 years ago.
Ok, have you entered a plea?
Customer: replied 2 years ago.

Yes not guilty to common assault

Customer: replied 2 years ago.

It hasn't gone to court yet as I'm still on bail but I denied it at the police station

Expert:  Ash replied 2 years ago.
Ok.
Well there are 3 outcomes:
1) You are found not guilty
2) You are found guilty of slapping and kicking
3) You are found guilty of assault but not slapping and kicking
If you are found guilty but no kicking or slapping you would be likely to get a Community Order. If you are found to have kicked and slapped its a high level community order to custody. It you have no relevant previous then it could be suspended.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Would an assault charge from 2004 be considered as relevant or recent previous

Expert:  Ash replied 2 years ago.
No, too long ago.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex