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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need some advice

Resolved Question:

Hi, I need some advice
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
Regarding changing a not guilty plea to a guilty plea.
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.
Could you please explain your situation a little more?
Customer: replied 11 months ago.
Hi, my partner was charged with ABH with an incident that happened August last year.He had magistrates yesterday and pleaded not guilty.The other sides solicitor said they want to try for GBH with a 12 month prison sentence.If he changes his plea to guilty today will it be for ABH still?
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.
Could you please explain your situation a little more?
Expert:  Ash replied 11 months ago.
Is the charge currently ABH?
Customer: replied 11 months ago.
Yes I believe so. The other side solicitor said he is suggesting GBH ehen it goes to crown court.I am anxious and worried.
Expert:  Ash replied 11 months ago.
Ok. He can get his solicitor to advise the CPS of a change of plea to guilty to ABH.
This can be done. If this happens before they put a charge of GBH he would be sentenced on that basis only.
So if he changes his plea and they don't charge ABH then that is the charge.
Can I clarify anything for you about this today please? Alex
Customer: replied 11 months ago.
What's the outcome possibly?His solicitor said before he went into magistrates that the opposing sides stories don't quite add up.
He would put it at category 2 ABH
He has a caution from 2007.Will other factors go into consideration?
Eg our 2nd child due soon, running a business
Expert:  Ash replied 11 months ago.
This is what the guideline says
Injury (which includes disease transmission and/or psychological harm) which is serious in the context of the o ence (must normally be present)
Victim is particularly vulnerable because of personal circumstances
Sustained or repeated assault on the same victim
Factors indicating lesser harm
Injury which is less serious in the context of the offence
O ence racially or religiously aggravated
O ence motivated by, or demonstrating, hostility to the victim based on his or her sexual orientation (or presumed sexual orientation)
O ence motivated by, or demonstrating, hostility to the victim based on the victim’s disability (or presumed disability)
A signi cant degree of premeditation
Use of weapon or weapon equivalent (for example, shod foot, headbutting, use of acid, use of animal)
Intention to commit more serious harm than actually resulted from the o ence
Deliberately causes more harm than is necessary for commission of o ence
Deliberate targeting of vulnerable victim
Leading role in group or gang
O ence motivated by, or demonstrating, hostility based on the victim’s age, sex, gender identity (or presumed gender identity)
Factors indicating lower culpability
Subordinate role in group or gang
A greater degree of provocation than normally expected
Lack of premeditation
Mental disorder or learning disability, where linked to commission of the o ence
Excessive self defence
A signi cant degree of premeditation
Use of weapon or weapon equivalent (for example, shod foot, headbutting, use of acid, use of animal)
Intention to commit more serious harm than actually resulted from the o ence
Deliberately causes more harm than is necessary for commission of o ence
Deliberate targeting of vulnerable victim
Leading role in group or gang
O ence motivated by, or demonstrating, hostility based on the victim’s age, sex, gender identity (or presumed gender identity)
Factors indicating lower culpability
Subordinate role in group or gang
A greater degree of provocation than normally expected
Lack of premeditation
Mental disorder or learning disability, where linked to commission of the o ence
Excessive self defence
A signi cant degree of premeditation
Use of weapon or weapon equivalent (for example, shod foot, headbutting, use of acid, use of animal)
Intention to commit more serious harm than actually resulted from the o ence
Deliberately causes more harm than is necessary for commission of o ence
Deliberate targeting of vulnerable victim
Leading role in group or gang
O ence motivated by, or demonstrating, hostility based on the victim’s age, sex, gender identity (or presumed gender identity)
Factors indicating lower culpability
Subordinate role in group or gang
A greater degree of provocation than normally expected
Lack of premeditation
Mental disorder or learning disability, where linked to commission of the o ence
Excessive self defence
Expert:  Ash replied 11 months ago.
This is what the court will look at
Expert:  Ash replied 11 months ago.
You can find the link which may be better here
Expert:  Ash replied 11 months ago.
http://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf
Expert:  Ash replied 11 months ago.
Does that help? Alex
Expert:  Ash replied 11 months ago.
Does that help? Alex
Customer: replied 11 months ago.
I have read this.I am worried there will be a prison sentence involved
Expert:  Ash replied 11 months ago.
There could be, but if he has no recent previous any prison sentence could be suspended. Does that clarify? Alex
Customer: replied 11 months ago.
Thanks
Expert:  Ash replied 11 months ago.
If this answers your question if I could invite you to rate my answer before you go, otherwise the site doesn't credit me for the time spent with you. Thanks and good luck. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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