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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70653
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: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

What is your defence?

Customer: replied 1 year 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 1 year ago.
sorry not guilty is my defence
Customer: replied 1 year 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 1 year ago.
are you still there?
Expert:  Jo C. replied 1 year ago.

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

Expert:  Jo C. replied 1 year 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 1 year 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 1 year 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 1 year 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