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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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Hallo I have been charged with ABH s.47 and assault s.39,

Customer Question

Hallo
I have been charged with ABH s.47 and assault s.39, this was on my spouse where keys were thrown and she got stitches to her eye, we have been married for 18 yrs and this is my first ever arrest. It occurred at home and some of my children were present.
Are you able to give me an idea if i would get a jail term for this?
Thanks
S
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.
Have you admitted it ?
Customer: replied 2 years ago.

Yes i was interviewed and stated i did hit my wife, when released on bail i did say i will plead guilty at forthcoming magistrates court.

Expert:  Jo C. replied 2 years ago.
That's a shame. No way back now. For future refernece, unless you can truthfully deny an offence a no comment interview is the way forward at the police station.
Is there any reason they didn't caution you? You seem suitable.
Customer: replied 2 years ago.

I believe it was because i held a knife (although nobody was touched by it), i think my spouse did not want me arrested but it is the cps that is prosecuting?

Also how do i rate you, cannot see a button?

Expert:  Jo C. replied 2 years ago.
Yes, it is but if they are met with a wall of silence from everybody there isn't much they can do.
In any event, you have admitted it and even if she isn't willing they will prosecute you on the basis of your admissions.
If there is a suggestion of use of a weapon even to threaten and it took place in front of a child then those are aggravating features.
If the injuries are as you describe then I woukd have charged it as a common assault and it might well disappear into that offence. Either way it won't make much difference.
There is no realistic prospect of custody. This is a first offence. They will make a huge fuss over it but they will not imprison. I would have expected something like a think first course of possibly an integrated domestic abuse course although the latter is unlikely.
There will also be costs of £85 and a court charge of roughly £50.
Sorry if that's is bad news.
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 Jo, one thing my bail conditions state no contact directly/indirectly with my spouse, would that mean i could talk to my children so long as it is general topics like school, exams etc without getting into trouble?

Expert:  Jo C. replied 2 years ago.
Yes, as long as they are not included in your bail conditions and you don't ask them to contact her then that is fine.
If you get into this situation again, no comment interview.
It is to be hoped that the police won't be called again as probably she didn't ever think it would go this far.
Customer: replied 2 years ago.

Children not in bail condition.

No comment advice noted.

I believe so!

If i can ask a further query, would you suggest i engage a solicitor to be with me at court, i cannot get legal aid but also do not have 1000's to throw at them.

Could i get by if i show remorse, plead guilty, and admit i need to fix my problems e.g drink & anger issues?

S.

Expert:  Jo C. replied 2 years ago.
A barrister under public access will be cheaper and it is only a plea and mitigation.
Generally speaking, it is better to be represented.
Customer: replied 2 years ago.

Sorry, unsure of terminology, by barrister under public access is that the duty solicitor they provide free at the court sentencing date?

Also, at magistrate court when they sentence me with "non jail term" will it all be over that day or do i have to go back for any reason?

And if i get a jail sentence would i be taken straight from the sentencing to jail?

Sorry too many thoughts running through my head!

Expert:  Jo C. replied 2 years ago.
No, if you can't get legal aid then you will have to pay. But a barrister under public access is much cheaper and will do the same task here.
The magistrates will probably adjourn once for a pre sentence report. You might be eligible to see the duty soliton on the first day but they won't do the mitigation if the sentence is another day.
If you do receive custody they would imprison immediately but that won't happen.
Customer: replied 2 years ago.

Thank you very much Jo, you have brought my blood pressure down a notch or two.

I will concentrate on preparing for the court date and hopefully be able to make amends to my family in the next month or two.

Expert:  Jo C. replied 2 years ago.
No problem.
All the best.

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