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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69980
Experience:  Over 5 years in practice
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I am being charge with assault by beating, on my ex partner. I am due in magistrates c

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Hi, I am being charge with assault by beating, on my ex partner. I am due in magistrates court this month. my ex partner claims that I stood over her and hit her with a pillow five times, she then ran outside and to which I went after her and coached her back into the house. however a witness is saying they saw me run after her and grab her by the waist and put my hand over her mouth. she also says I grabbed her but she doesn't say I put my hand over her mouth. she then goes on to say I pinned her down by her shoulders and threatened her.Truth of the matter is that I never hit her with a pillow I threw a pillow at her which hit her, she then reacted angrily and then started punching before she went outside. when asked in the police interview whether I had bruises I said no, only to later discover I did have some, which prompted me to go to the hospital and have them documented (will this have any effect).If guilty what can I expect to happen ?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you chase her outside after she hit you?
Customer: replied 1 year ago.
yeah chased/power walked
Customer: replied 1 year ago.
yes I went after her but did not run, was more of a power walk
Expert:  Jo C. replied 1 year ago.
For what purpose?
Customer: replied 1 year ago.
Because I was at her house to talk to her and I felt she was making a scene for no reason so I went after her as her walking off was normal during an argument, however outside she was shouting leave me alone and i was saying what is the point making a scene lets go back inside and talk this is dumb kind of thing. Escpecially given the day before she told me she was pregnant, so we arranged for me to meet at her house that day to discuss our options, but then we never spoke and ended up sitting in silence hence why I threw the pillow
Expert:  Jo C. replied 1 year ago.
Did you lay hands upon her outside?
Customer: replied 1 year ago.
I put one arm around her waist
Expert:  Jo C. replied 1 year ago.
Has anybody advised you of the law of common assault?
Have you admitted this to the police?
Customer: replied 1 year ago.
not really, just what ive seen online.yeah I told them I put my arm to stop her and coach her back and they asked if she returned into the house of her own free will
Expert:  Jo C. replied 1 year ago.
I'm really sorry but these are common assaults.
I realise that they are not ones worthy of the attention of the police but that is not the test. If you have admitted throwing a pillow which hit her then even if you didn't intend to hit her that is an assault by battery. Putting an arm around her waist without lawful excuse is technically an assault by battery. That is why suspects should never refuse the solicitor they are offered who would have told you to make a no comment interview.
If the facts are as you say then the only question is whether you will be convicted on her facts or on yours. The independent witnesses is particularly troublesome although sometimes witnesses don't come up to proof.
On your version of events it is probably a conditional discharge. On hers, actually it is not much more serious, but it is likely to be a low level community order really because they won't like the covering of the mouth and returning to the property.
That said, anything can happen. The neighbour might not come to court. Often they do have better things to do.
Sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thanks for being honest, my main concern was the possibility of going to prison.Yes if you may I have a few queries.I was appointed a duty solicitor who, on hearing my version of events told me to proceed with the interview. I am now unsure if whether that was the right advice.Is the fact that she punched me and that I have photographic evidence along with doctors notes going to play any role at all, given I didn't notice the bruising until days later as I have darker skin.Also one of the officers who attended the scene was my former partners sister are there any grounds to which I can use this. and from your perspective when I attend the magistrates court later in the month is it worthwhile having the case adjourned and going to trial?Another concern of mine is that my ex partner told she me she was pregnant, but at this moment I am not allowed to contact her directly or indirectly, is there any thing I can do, in terms of being updated on her pregnancy status?I have a solicitor in mind but we are in the process of applying for legal aid, so have not really had much interaction.
Expert:  Jo C. replied 1 year ago.
On the facts you have presented here it seems to me to amount to an admission but then I haven't had full vision of the evidence and he had so I would rely on his advice.
the fact that she punched you might be important but it depends when. If she punched you after you hit her with a pillow then your actions weren't in self defence.
I wouldn't take any point arising from the officer attending.
I really seriously wouldn't mention the pregnancy to anybody. If she is pregnant that will be an aggravating feature.
Jo C., Barrister
Category: Law
Satisfied Customers: 69980
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
yeah she punched me after I threw the pillow at her, so does that make her actions in self defence ?unfortunately I mentioned the pregnancy, during the interview as they asked my why I was in the house.as she said I just turned up. I am assuming the will have a baring on the punishment I would receive ?
Expert:  Jo C. replied 1 year ago.
Probably not really but it does mean your actions were not.
If she is actually pregnant then it will have an impact.
Customer: replied 1 year ago.
will it have a big impact
Expert:  Jo C. replied 1 year ago.
It is an aggravating feature but probably won't move it into the custody sentencing bracket.
Customer: replied 1 year ago.
OK thanks, ***** ***** been a great helpWhat does the custody sentencing bracket entail?So with all being said and that fact she is pregnant in your opinion, what would I be likely to receive now
Expert:  Jo C. replied 1 year ago.
On your version of events it is probably a conditional discharge. On hers, actually it is not much more serious, but it is likely to be a low level community order really because they won't like the covering of the mouth and returning to the property.
Customer: replied 1 year ago.
To be honest I still love her and want the whole fiasco over with, what are the implications if say I changed my plea to guilty. This whole emarbgo is testing my brain as ibhave never been to court before so I am just second guessig everything. And of course there are no guarantees.
Customer: replied 1 year ago.
As I have*
Expert:  Jo C. replied 1 year ago.
What would you like to know about this?

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