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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am currently on bail with the charge being Common

Customer Question

Hello,
I am currently on bail with the charge being Common Assault.
On Friday 2nd October around 2 am I only remember pushing the other person to the ground but I have been told I struck the person several times as the result of a verbal argument. The person in question was left with some bruising and so was I, but I am not sure how as the other person has said they did not do this. I am also accused of kicking the person whilst he was on the floor, but again have no recollection of this. My fiancé and 9 other people were in a rented cottage in Taunton, Somerset for the weekend. That same evening a lot of alcohol was consumed mainly in a hot tub, which I have since found out is not a good mix. During the incident the person involved barricaded themselves along with three others in a room. After the incident I went for a walk to defuse the situation and upon returning to my amazement the police arrived and I was arrested, but no handcuffs were used as I was deemed calm. I am still very confused over the whole incident and have had to rely on friends to tell me what happened. Once arrested I gave a statement of what I believe happened, but my statement conflicts with the three others given, therefore I have to go to court on 26 October. I have not had that in writing yet so I don't know if that still stands? also the other person involved does not want to press charges and I have no previous criminal convictions, so I was wondering what is the best way to proceed? The persons whom gave the three statements are willing to withdraw these and they were taken by the police whilst they were heavily influenced by alcohol also.
Thank you
Steven Pipe
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Do you have any previous please?
Customer: replied 2 years ago.

Hi Alex,

No previous what so ever.

Expert:  Ash replied 2 years ago.
As your friends have said what happened, do you now accept what you have done?
Customer: replied 2 years ago.

Hi Alex,

Yes and they also told the police that this out of character for me and that I was very confused

Expert:  Ash replied 2 years ago.
I assume bearing in mind what has happened you would be pleading guilty?
Customer: replied 2 years ago.

Yes, but as this is all new to me I was wondering on the outcome? and will I be seen as a liar as due to memory loss I gave a different statement.

Expert:  Ash replied 2 years ago.
No, it can be put down to too much drink. Have you just been charged with a single count of common assault?
Customer: replied 2 years ago.

Hi Alex,

Yes just a single account of common assault.

Expert:  Ash replied 2 years ago.
Does this one count include a kick?
Customer: replied 2 years ago.

Hi,

Yes includes all that happened. should I receive this in writing also? as so far just been given a court date verbally, whilst being released.

Expert:  Ash replied 2 years ago.
Yes you should be given a charge sheet. Bearing in mind what you have said its a cross between a community order and custody. The kick is an issue as this is an aggravating factor together with the fact you were drunk. But given this is your first offence I would hope for a Community Order or if it is custody that it would be suspended. If you plead guilty you get 1/3rd off any sentence.

But the kick really makes it worse. Can I clarify anything for you about this today please?

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 you have not done so already 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