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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a question regarding to a charge against my husband

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I have a question regarding to a charge against my husband which the court pressed.
One evening of last month, my husband had too much to drink and we had an argument, in which I accused him of being weak. He got very upset and not in his right mind, he picked up a broken chain saw in the house and threatened me with it. He did not cause any harm to me and I did not really believe he could kill me or hurt me. But I got so scared in the situation and called the police who came arrested him and took statement from me.
The police/court then decided to charge him - and the charge was affray. He's been on bail and not allowed to contact me - so I did not know the details. Today's his court date and he plea not guilty to affray otherwise he will go to prison for three months and lose his job as well.
I do not believe the incident is at that level of seriousness, and really want to have the case dropped or not having him sentenced to prison. He is a very loving husband and we have never even argued when he was not drunk. He has never threatened me before or violent against me. Even in this incidence, he did not hurt me. I know because he stupidly picked up a chain saw, it become serious.
Can you please advice how I should proceed now?
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you with this.What stage are proceedings please?Alex
Customer: replied 10 months ago.
Hi Alex, thanks for your response. What do you mean by the proceedings? I have been notified that my husband has plea not guilty to affray and they will set up another trial date
Expert:  Ash replied 10 months ago.
Ok. What is it you would like to know about this from me?
Customer: replied 10 months ago.
That if I do not want my husband to be charged - can I drop the case? If not, what can I do now to avoid the case of my husband going to prison?
Expert:  Ash replied 10 months ago.
Sadly as soon as you make a complaint you lose control of it - its not your case.Even if you disagree with the prosecution the CPS can still proceed with it. You can give a statement saying you dont support the prosecution and that you dont want to attend Court, but they can still continue,You have no say whatsoever in the case or prosecution. if she is charged with affray then the test is: unlawful violence towards another and the conduct would cause a person of reasonable firmness present at the scene to fear for his/her safety.This means that they dont need to show YOU suffered fear for safety, just that A PERSON would.Therefore you can give a statement saying you dont support the prosecution but they can still go ahead without you.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 10 months ago.
if I do choose to attend court, and told them the chain saw was broken and I did not believe my husband would hurt me (which is the truth), but I was just too scared in the situation. Would this help?
Customer: replied 10 months ago.
I am just afraid that if I told them that I do not want to support the case, they will not hear my opinion in this any more and it will even be worse. I do understand the law protects the victim, but I do firmly believe in my husband and want him back. I have told police that he had never had any violent behavior in the past, and even during the evening, he did not verbally threaten me - meaning he did not say he would kill me or hurt me.
Expert:  Ash replied 10 months ago.
All you can do is tell the truth. But I can only tell you the legal position.But the chainsaw doesnt helpDoes that clarify?Alex
Customer: replied 10 months ago.
Even though that it is broken?
Expert:  Ash replied 10 months ago.
Correct. It does not need to be working because a person may have feared for safety wont necessarily know it was broken.Does that clarify?Alex
Customer: replied 10 months ago.
He actually told me that it was broken a couple of days before - I think that's why we had it in the property. Would this information help on court?
Expert:  Ash replied 10 months ago.
Maybe so. But as I said someone else fearing may not have known it was broken.Does that assist?Alex
Customer: replied 10 months ago.
it does. But there was no one else than me and my husband when the incidence happened, we have no children.As the police would proceed with it anyway, would you advice the best option for me is to cooperate and appear on court. Hope that my statement will get my husband a lighter sentence?
Expert:  Ash replied 10 months ago.
It makes no difference whether or not anyone else was there. Its still an offence. If you give your statement it should go some way to getting a lighter sentence.Does that clarify?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 10 months ago.
That does thanks Alex for your help.
Expert:  Ash replied 10 months ago.
Thank you. Alex

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