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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter is to appear before the crown court at the end

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My daughter is to appear before the crown court at the end of the month on a charge of assault and abh. As far as we are aware the woman who has accused her does not have any supporting witnesses whereas my daughter's fiance can give evidence on my daughter's behalf. She is extremely anxious, and as she has a history of depression following abuse in her early teens, I am worried about her welfare. Her solicitors have postponed their meeting for a second time and so we have been unable to discuss matters with them. She has a 7 year old daughter and no criminal record as far as I know. I've told her that it's highly unlikely that she will get a custodial sentence even if she were to be found guilty, but it would be good to get a more qualified opinion, if that can be done with this limited information. Her defence will be self defence and her doctor has, I believe agreed to be a character witness. I would be most grateful for any comments you feel you could make. Thank you. S Loach
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.What injuries were sustained please?What is the nature of the alleged assault?
Customer: replied 1 year ago.
I haven't seen the photos I'm afraid but I think they were cuts and bruises. The evening in question was a party at the alleged victim's home.
Customer: replied 1 year ago.
The alleged victim's says she was attacked by my daughter but my daughter said it was the other way round
Expert:  Ash replied 1 year ago.
The sentencing guidelines are here:http://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdfBased on a few cuts and bruises and I am assuming lower culpability the starting position is a Medium Community Order with a range from a fine to High level Community Order.But you need to be satisfied its a category 3 matterSee from Page 11 onwards, but I have assumed its lower end so there is no risk of custodyCan I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thats very helpful thanks. I think they're pushing for a higher category but having read the relevant part of the booklet I don't see how it can be. There was kicking on both sides but I can't see that a ladies long boot is in the same class as acid or setting a dog on someone. Do you have an idea about that? Last question I promise
Expert:  Ash replied 1 year ago.
Kicking with shoes on may fall into this. But even if so the top end would be 51 weeks custody but only for very serious matters and even then with no previous could be suspended.
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
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Customer: replied 1 year ago.
Yes thanks Alex.
Expert:  Ash replied 1 year ago.
Good luck. Alex