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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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Im due in court next week for a charge of assault by beating

Customer Question

Im due in court next week for a charge of assault by beating contrary to section 39 of CJA 1988, case class is Domestic abuse, what would be the outcome for a guilty plea, for firsr time offence
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

What are the facts alleged?

Customer: replied 11 months ago.
Common assault by beating, namely a bruise leg,first time offence never been in trouble before
Customer: replied 11 months ago.
Just worrying about the outcome for first time offence
Expert:  Jo C. replied 11 months ago.

ok. What I need to know is what are the facts?

What are you supposed to have done?

Customer: replied 11 months ago.
Had an argument with my ex partner over our sons childcare, and causing a bruise to her leg
Expert:  Jo C. replied 11 months ago.

How?

Customer: replied 11 months ago.
By using my foot,
Customer: replied 11 months ago.
Ex has a small bruise to her leg
Customer: replied 11 months ago.
Would a first time offence in magistrates court be serious for this incident
Expert:  Jo C. replied 11 months ago.

It is quite difficult to tell really basically because I don't know the facts.

If you are saying that it is alleged that you kicked her then that is a fairly serious form of common assault in particular if you used shod feet as they are a weapon in law.

Expert:  Jo C. replied 11 months ago.

It is not a particularly serious offence as acts of violence go but there are aggravating features.

Expert:  Jo C. replied 11 months ago.

Without knowing the facts it is not possible to assess the sentence but i would expect a community order.

Can I clarify anything for you?

Jo