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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8444
Experience:  I have been practising for 30 years.
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Husband of 44 years (just turning 70), term diabetic; has

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Husband of 44 years (just turning 70), long term diabetic; has been in the care of mental health unit, but discharged; becoming increasingly unstable and angry; finally lost it and assaulted someone (shook them warmly by the lapels following which victim sunk to the ground "in agony"). Incident was observed Now waiting for a knock on the door from Police. I assume there will be a charge. We are typical law-abiding middle-class couple, now totally out of our depth. Don't know what to expect, nor what to do. Can't afford to put head in sand and hope it will all go away. What is your advice please. I've never needed a lawyer and don't know where to start. End result of this is very likely to be my husband taking his own life.
Submitted: 3 months ago.
Category: Law
Expert:  F E Smith replied 3 months ago.

Do you know whether this has been reported to the police?

What led up to the incident?

Do you know whether the victim had any medical treatment for this?

Was this related to his diabetes, lack of insulin?

What do you want to know about it?

Customer: replied 3 months ago.
reported to police - not sure, but very likely will be (victim is American)
what led to the incident - a stupid altercation with idiot which got out of hand
Medical treatment -there was no injury, but I'm sure there will be claims there were . Victim refused to be helped up, because she had a damaged ankle ( ankle was strapped up)
Related to diabetes - yes.
Related to mental condition due to diabetes - yes
What do I want to know? What the hell to do to be prepared for what is probably coming. Do we engage a lawyer now, or do we wait for the skies to fall
Customer: replied 3 months ago.
not sure if this response has been sent so will try the sen button again
Customer: replied 3 months ago.
I'd love to rate by stars - but not working.
Customer: replied 3 months ago.
Have we come to the end of the road? Doesn't look like there is anyone on the line. And I cannot get past the star rating. I started out through the UK Citizens Advice Bureau site, and assumed I would be talking to a UK adviser. Correct? Or have I been diverted to a US site. In which case I am not happy to pay beyond the initial £3 fee. Please confirm.
Expert:  F E Smith replied 3 months ago.

I haven’t answered your question yet which is why the rating service isn’t working. You will find it working now however.

This is a US administered site but I am in north-west England and I am a UK qualified solicitor. So rest assured, you are speaking to the right person in the right place.

In my opinion, you can never speak to a solicitor too early and you have made the first steps on here but obviously, you are going to need someone locally to you. It may take a few days or even weeks to get an appointment so you might want to make that appointment now because nothing happens, you can always cancel it.

If your husband gets charged, he would probably get charged with common assault. That doesn’t have to be physical contact for common assault, the person has just to fear immediate physical violence from what you’ve said, that is enough. It is the lowest form of assault under section 39 of the Offences against the Person Act.

Because of the nature of this, if it does go to court, he would probably get a fine and a low-level community service order at worst.

If his actions caused through lack of insulin leading to impairment of judgement, he may be able to rely on the defence of temporary insanity. This is not insanity in the normal sense of the word temporary insanity brought upon by not having the insulin that he needed. He would need however to be insulin-dependent.

If however it was brought on by having too much insulin, then if he injected himself, it is self-inflicted and he cannot rely on that defence.

Can I clarify anything for you?

Please do not forget to rate the service positive. It’s an important part of the process by which experts get paid.

Best wishes.


F E Smith, Advocate
Category: Law
Satisfied Customers: 8444
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 3 months ago.
If police arrive at the door, will he be taken out in handcuffs to be charged at the Station?
Expert:  F E Smith replied 3 months ago.

because of the low-level nature of the offence, they are more likely to ask him to attend an interview under caution and if he does not, then they would arrest him.

If they are going to charge him, after the interview, they would arrest him, charge him, and then let him out bail.

He is unlikely to be dragged out of the house in handcuffs. He can only be charged at the police station. He is entitled to have a solicitor present when being interviewed.

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