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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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I've been charged with two common assaults from a single

Customer Question

Hi, I've been charged with two common assaults from a single push to two separate people - one of which fell over and bruised their face. It was provoked by a racial slur to a friend of mine for no reason. The boy with the bruise is 15 years old. I have one previous conviction of common assault which happened a year ago, and which I'm still on probation for. In that case I received a fine and a supervision order - so my question is what punishment do you think I will get?
Thanks
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.
Are you an adult?Are you male?
Customer: replied 7 months ago.
Yes to both
Expert:  Jo C. replied 7 months ago.
Was the other person an adult?
Customer: replied 7 months ago.
They are both 15 but I didn't know this at the time
Customer: replied 7 months ago.
Hello?
Expert:  Jo C. replied 7 months ago.
Ok. The only real aggravation there, on the face of it, is that he is a child. Only just a child of course and clearly old enough to behave in an anti social way but not face the consequences but nevertheless a minor. An open handed push is not the most serious of assaults although this one was hard enough to knock him to the floor. You do have a little previous although not a lot. The aggravation i that is that you are still on probation but it isn't a suspended sentence so they can’t invoke it. They may just extend the supervision order. It depends on probation’s view. If it is working then it might be helpful. I imagine that assault was vastly more serious given that you got a supervision order on a first offence. Realistically the aggravating features are such that you couldn’t get a fine or a conditional discharge but it is not serious enough for custody. Can I clarify anything for you? Jo
Customer: replied 7 months ago.
Ok thanks Jo. Yes, my previous offence was far worse. Do you think the fact that I handed myself in and was completely honest about everything will work in my favour when it comes to sentencing? Also, will my probation officer have a significant influence in proceedings? I have a good relationship with her and all of my sessions have gone very well etc
Expert:  Jo C. replied 7 months ago.
It is generally a mistake to admit offences at the police station. Handing yourself in is dangerous as well.if you know the police are looking for you then it is better to make an appointment to surrender voluntarily but just walking through the doors and taking the risk that they won't release you is a very high risk strategy.In terms of conduct at the police station, there is never any point in admitting evidence. There is only ever any point in denying evidence. You don't get any credit for making admissions at the police station.If you cannot truthfully deny something then you should be making a no comment interview unless the evidence is overwhelming and a caution is on the table.
Expert:  Jo C. replied 7 months ago.
Several years ago, I once had a client who had admitted a common assault at the police station. Unfortunately the victim died and he was charged with murder with absolutely no defence because he had made admissions. It was particularly regrettable because there was a massive ID point that they could never have plugged up if he hadn't admitted it.
Customer: replied 7 months ago.
So have a made a mistake in doing so? The reason I handed myself in was because they went to my parents house looking for me. In this case it's all on cctv and you can clearly ID me.
Expert:  Jo C. replied 7 months ago.
A police officer will always give you his best case. Anything can happen. They could lose the CCTV. It might not be capable of being put in proper format.Of course you had to surrender to the police station. At a negotiated time that didn't render you at risk of remand.Yes, making admissions was a mistake.
Customer: replied 7 months ago.
Ok. So will this work to my detriment when it comes to sentencing? Does your opinion still stand regards ***** *****?
Expert:  Jo C. replied 7 months ago.
Oh no, it won't be held against you. It is just a bad strategy.Yes, it will not lead to custody.
Customer: replied 7 months ago.
Ok great, final question.... Do you think I should pay for a solicitor, take a free one, or not bother at all now that I've confessed?
Expert:  Jo C. replied 7 months ago.
I would normally suggest using legal aid but you might be too late to apply.It is generally better to be represented even if you are pleading guilty and overwhelmed by evidence.
Customer: replied 7 months ago.
Ok, understood. Thanks for help, great service and certainly worth the money?
Customer: replied 7 months ago.
For your help*
Expert:  Jo C. replied 7 months ago.
No problem and all the best. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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