How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

If I was involved in a group fight and got charged with

Resolved Question:

Hi, if I was involved in a group fight and got charged with public order 4.1 it is my first offence. Is there a chance i will be going to prison?
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

What are the facts please?

Customer: replied 9 months ago.
Hi, there is cctv footage of the fight, a lot of punches was thrown by everyone involved, however the only role I played is kicking somebody on the floor which is shown on cctv. Nobody was hurt however this is sent to a magistrates court, I am a first time offender. Do you know if this sort of thing can mean prison?
Expert:  Jo C. replied 9 months ago.

Was the kicking to the body or the head?

Customer: replied 9 months ago.
To the body however I am unsure whether you can see where impact hits on camera. Does that make a big difference ?
Expert:  Jo C. replied 9 months ago.

Yes, a massive one. Although, in truth, if they had evidence of kicks to the head then I would have expected more serious charges.

Your problem is going to be the kicking. There is clear case law to the effect that kicking a person lying on the ground is aggravated both by the action and the use of shod feet as weapon.

For S4 public order you would not normally get a custodial sentence on a first offence. The kicking is an aggravating feature but the truth is that if they had wanted to make the most of that they should probably have charged it as an affray.

Can I clarify anything for you ?

Jo

Customer: replied 9 months ago.
Thank you, ***** ***** hurt and everybody involved got arrested. What would say is the most likely charge for us?
Expert:  Jo C. replied 9 months ago.

If they have charged this as S4 they aren't going to charge it as an affray now.

I would expect a community order.

The truth is that they are too busy wasting money on false allegations of sexual abuse to deal with crime properly. I wouldn't complain though. From your point of view a S4 is a good deal.

Customer: replied 9 months ago.
Thank you can the judge over turn the charge to a more serious one?
Expert:  Jo C. replied 9 months ago.

No, that is a matter for CPS.

This will just be before Magistrates anyway.

Customer: replied 9 months ago.
What is cps?
Expert:  Jo C. replied 9 months ago.

The Crown Prosecution Service.

Customer: replied 9 months ago.
Ok thanks, ***** *****
Definitely be heared on a section 4? Is it possible we could go prison
Expert:  Jo C. replied 9 months ago.

Yes, it is but not likely

Customer: replied 9 months ago.
Thanks are we likely to be in the same
Court room as the other people involved
Expert:  Jo C. replied 9 months ago.

If you are charged jointly then you would.

If not then you wouldn't.

Customer: replied 9 months ago.
Hi, one last thing, is it likely this charge can be over turned to affray and if it was are we likely to go to prison?
Expert:  Jo C. replied 9 months ago.

No, as I have said.

They are not likely to do that now.

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 9 months ago.
Thank you really appreciate your advice.