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Hi, welcome to Just Answer. I will help you with your question.
What career do you have, what work do you do?
And do you intend to plead guilty to the charge?
I am software consultant
i am not sure what need to do
actually I haven't beaten my wife, this is my neighbur saw me angry with my wife
and she complained, and it was infront of our house, my neighbor see this through her window
Okay, they police don't need your wife's evidence strictly speaking, they could prosecute on other evidence, such as from the neighbour, cameras, witnesses etc.
Okay - why will a conviction for common assault affect your career as a software consultant?
my job has got security clearance, I do consulting jobs and I have worked for home office department
do I need to take with me solicitor
Do you intend to plead not guilty then?
whats the best way to close this as soon a possible
how does that work?
If you plead not guilty, the CPS would have to have a trial. What will your wife say about this?
What evidence would she give?
she is already denied to police ...
Okay. And they are prosecuting anyway, which means they feel they will have a reasonable chance of getting a conviction.
So it depends whether you want to deny it and go to trial - which is where you give evidence, get cross examined etc.
can you advise whats the best thing
It depends, nobody would ever say to plead guilty unless you are, but if you do plead guilty then you will be convicted of the offence.
This means you will have a criminal record, albeit the punishment may not be that severe, this is the lowest form of assault type offence, but depends whether you have previous convictions etc.
plead guilty means I agree and get convicted
Yes, it does.
what will be the maximum punishment
i am not sure what to do... what If I deny
Maximum? 6 months imprisonment, but that's reserved obviously for the most serious of cases.
I would suggest you speak with a solicitor and take him/her with you to the hearing.
No minimum as such, but if you're asking what's likely, then it depends, do you have previous convictions?
What injuries did she sustain, if any?
it is on tuesday
no i don't have any other convictins
will there be only fine or imprisonment....
Are they saying it's an isolated incident?
no, they don't say that
They saying it's a regular thing?
not that also... i will type
Assault by beating
contrary to section 39
of the criminal justice act 1988
Realistically, I would have thought community service is the worst you'd get, but more likely a fine.
If they said you were beating her regularly, in the family home, etc., that would be more serious.
ok,,, that give me little peace of mind now
no, thats not the cae
Does this answer your question for today?
so do you think i should deny and go for a trial
That's up to you - like I said, if you're innocent, then very few people would say you should plead guilty.
what will be the next step if i deny
what happens if they prove I am guilty after denying...
Then it will go to a trial before the magistrates.
what evidence i can provide
Your own testimony, other witnesses etc?
Your wife, even.
will they drag my kids into it
Did they see anything?
no, they don't, and in the complained i think they didn't mention anything about my kid
when i was angry with my that time my younger one in the car
Then it's unlikely they will get involved.
but when police questioned me they didn't say anything about that
if they ask my kid was present or not, what should i say?
If they weren't present, tell them that if they ask.
but one of my kid was there, he was sitting on the back seat of my car... i think he was sleeping that time
should I say that or not
Then its best to be honest if asked about it.
will that be a trouble later
But like I said, you might want to get a solicitor to appraise the evidence for you and offer you specific advice on it and whether to plead guilty or not.
so you suggest i should go with solicitro
Particularly given the effect this might have on your job.
what if they proved i am guilty after the trial...
If you're acquitted, that's it. Its over.
will my penalty increase
You would get a small discount for pleading guilty than you would from the sentence if you contested and were found guilty.
you mean to say, if they prove i am guilty will i get imprisonment rather than fine
No, you might get a fine if you plead guilty, but otherwise you might get a higher fine or community service.
Imprisonment for a first offence of common assault, even on a wife in the street, with no injuries, is highly unlikely indeed.
what evidences they can provide,,, will they bring my neighbor to court
I expect they will!
what if i talk to my neighbour
That you'll be arrested for witness intimidation most likely and charged with that too.
ok... not then
if i get charged do you think it will effect my career especially becuase of i am working for hoem office
I doubt it would actually, that's why I asked to start with.
so I don't need to worry that much, maximum will be a fine, even if i fail on court... is that right
Or perhaps community sentence, but prison is unlikely.
ok, and I hope it will not effect my career also
Good luck with this - I hope it works out okay for you.
Please do remember to rate my answer, and if you need more general information in the future, do just let me know, and I'd be more that happy to try and answer your questions.
do you know any solicitor in ipswich which i can talk to them today,, please...
I don't no, I'm from London, but if you google "Solicitor Ipswich 24 hours" you might find one?
ok,,, thank you
Please do rate as highly as you can for me - if you need me later, you can ask more questions then.
ok... how long i can get your service
You can ask follow up questions whenever.
is this charged of £33
Yes, you don't pay anything more than what you've paid.
how do i follow up, will they send a mail to me
Yes, they will.
Okay - take care and good luck.
Are you able to rate the answer for me?
I'm going now if you need anything more, you'll need to let me know now.