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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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I was hoping you would be able to offer me some legal

Customer Question

Good Afternoon,
I was hoping you would be able to offer me some legal advice.
I have recently been charged with a low level assault and I'm awaiting my court summons, I haven't been able to get any free legal aid and cannot afford a solicitor.
As you can understand I'm quiet stressed as I literally have no idea whats going to happen!
Would you be able to tell me my chances of getting a criminal record from this? I have no criminal history, never been in trouble with the police before and have been informed I'm only going to court because I'm pleading not guilty in terms of self defence.
If you would be able to offer me you're advice on this matter it would be greatly appreciated.
Sincerely
Natalie Khayati
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

What is your defence?

Customer: replied 11 months ago.
guilty , as I acted only in self defence to protect my husband. whom has admitted he was the one who inflicted the scratches on the bouncers face in a attempt to get the bouncer to release his hands from his throat.
Customer: replied 11 months ago.
sorry not guilty is my defence
Customer: replied 11 months ago.
however the police claim the cctv only shows the middle of the fight and you can see me pulling the bouncer off him and only once my hand touches his face. But they claim this is enough evidence and are refusing to take my husband's statement. Which in fact should clear me of any crime.
Customer: replied 11 months ago.
are you still there?
Expert:  Jo C. replied 11 months ago.

It comes down to who is believed then. It isn't really possible to tell in this forum.

Expert:  Jo C. replied 11 months ago.

If there is CCTV and the bouncers maintain that you attacked them then that is evidence that can't be ignored.

Expert:  Jo C. replied 11 months ago.

The problem with situations like this is that you can only use reasonable force to defend your husband if the conduct towards him was unlawful.

It is quite unlikely that they are going to accept the bouncers leapt on him for no reason at all.

Expert:  Jo C. replied 11 months ago.

If your defence is that you didnt cause the injury though then remember that isn't relevant to common assault.

Expert:  Jo C. replied 11 months ago.

They don't have to prove that injury was caused. They just have to prove that you laid hands on them unlawfully.

Although, of course, if the allegation is that you did cause that injury then it does weaken it if you can establish that you did not.

Can I clarify anything for you?

Jo