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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69364
Experience:  Over 5 years in practice
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I wanted some advice please. I have been found guilty

Customer Question

Hello,
I wanted some advice please. I have been found guilty of common assault by beating on my partner and my step-son. I pleaded not guilty and it went to trial. It is now been adjourned for pre-sentence report. My partner had no injuries but she said I threw cucumber at her, spat at her, slapped her glasses off her face and threw a photograph at her. My stepson has reddening of the right side of his neck and a minor scratch on her chest. What sentence am I likely to get? I have one previous conviction for D&D when I was 19 in 1999. I work full time and also am in the fifth year of a six year part time degree.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Also I forgot to add that my stepson (11) and son (8) were present when this happened.
Customer: replied 1 year ago.
My step-son who I have been charged with common assault against is 16
Expert:  Jo C. replied 1 year ago.
Hello, are they acting as witnesses against you?
Customer: replied 1 year ago.
Yes they are. It has already gone to trial and I have been found guilty. My partner and stepson gave evidence against me in magistrates court.
Customer: replied 1 year ago.
The case has been adjourned for pre sentence reports before I go back before the judge. I'm just really worried that I may get a custodial sentence as I did not plead guilty so I will receive no credit.
Expert:  Jo C. replied 1 year ago.
Are you asking what sentence you would get?
Customer: replied 1 year ago.
Yes. What is the likely sentence. Given it is a first offence is a custodial sentence likely?
Expert:  Jo C. replied 1 year ago.
No, you won't get custody. But you can't hide from the aggravation. This is a prolonged incident with child witnesses. There is also the aggravation of spitting. I know the reality is that we all have these rows all the time but we don't all get the police involved in them.I would imagine they will recommend some nonsense course about domestic abuse that you don't need and the court will probably follow their recommendation.You can always appeal.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Ok thank you. Thats great. I will update you with the sentence I am given on the 14th October. Thank you
Expert:  Jo C. replied 1 year ago.
No problem and all the best.

Sorry you are in this position. For what it is worth, my own personal view is that this should be in the family court.

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