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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex. I am on bail assault.its my first offence

Customer Question

Hi Alex. I am on bail for common assault.its my first offence will I go to jail if found guilty?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I got married to my wife 4 years ago.in September she started a relationship with another man.when I discovered it I told her I will report it to her.she attacked me.then went to the police and placed serious allegations against me.she said I beat her in 2012,then In 2015 I beat her her up,spat on her face 20 times,threaten to kill her with voodoo,head butted her,strangled her,threatened to throw her stuffs out of the house,then she had a bruises on her body and a black eye when defending myself.all the allegations she placed are all lies.its my first offence ever.what is my sentence if found guilty by the courts
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ash replied 1 year ago.
Hello and thanks for requesting me.Just to be clear you have been charged with the 2015 matter? When was it said to happen and when have you been charged?Alex
Customer: replied 1 year ago.
I was arrested on January 10.i was given bail on January 12 and to appear in court on mai 25 2016.she pressed 2 charges on me which happened in November 2015 and January 2016.i was charged with assault by battery.she said I spat on her 20 times,head butted her,strangled her,threatened to kill her with voodoo.its my first offence and all her allegations are not true.
Customer: replied 1 year ago.
I was told not to contact her but she kept calling and want us to make up.she went to the police to withdraw the case but they refused.she has now been issued a summon to report to court for the hearing.am I going to go to jail if found guilty? ??is there any other way to go about it?
Expert:  Ash replied 1 year ago.
Ok - if you plead guilty but with your version of events then you are likely to be given a Community order and an injunction stopping you from going near her. If you are convicted after trial on her version of events then you may face custody given she said you spat, head butted, strangled and threatened to kill her.But if she has made a statement saying she doesnt support the prosecution it may be that if the Police dont have photos of injuries etc, then you may get off. but if you didnt do it, you must go to Court. It is up to the Police to show the accident happened the way you said it did.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
What I'd she doesn't show up in court for the trial??
Expert:  Ash replied 1 year ago.
Then you can only be convicted on any 999 call and photographs the Police took.Does that clarify?
Customer: replied 1 year ago.
The police took a photo of a black and eye and she gave them pictures of her bruises.so am I going to be convicted based on pictures event hough it was a self defence?
Expert:  Ash replied 1 year ago.
Yes, you could be but if you raise self defence the Police must show that it was NOT self defence. You dont have to prove anything, the Police do.Does that clarify?
Customer: replied 1 year ago.
Thanks so much.so what will be my outcome if she doesn't show up in court?what will happen to her if she doesn't show up after been issued a summons?
Expert:  Ash replied 1 year ago.
If she doesnt show up she could be arrested, but thats unlikely. If she doesnt show up the Police can either proceed with the evidence they have or drop the case.Does that help?
Customer: replied 1 year ago.
Yes it does.what if the police decided to proceed without her.am I going to be given a jail sentence based on picture evidence?
Expert:  Ash replied 1 year ago.
Possibly. But unlikely. Does that clarify?
Expert:  Ash replied 1 year ago.
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