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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I need a bit of help in regards XXXXX XXXXX upcoming court case,

Customer Question

Hi, I need a bit of help in regards XXXXX XXXXX upcoming court case, I have been charged with common assault against my wife, it was a situation that been brewing for a while with constant rowing etc, and I unfortunately lost my temper and threw a phone at her , I called the police myself as I wanted to be taken out of the house, just to get away from the arguing.

I was hoping to get a caution as u had never Ben in trouble with the police before, but CPs have taking it forward due to my 18 month daughter being witness, I know that my wife has withdrawn the statement, I did not get any legal advice at the police station and I was so upset I basically agreed to most but not all with my wife's statement without really think about the consequences, I.e losing my respectable job. At the time of my interview I was not thinking straight, I was very down and emotional, I couldn't remember a lot of things that had been alleged as I was in a bit if a blind rafe at the time, and I just said 'that could have happened'

I need to know how to plead at the magistrates court on wednesday bearing in mind my wife's withdrawal and my previous goof record and the fact I called police on myself

Please can you advise
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Do you may an admission in Interview please?
JACUSTOMER-pk1tf2tz- : Not to what I had been charged with i.e throwing phobe at my wide, when the decrective read the statement saying I had thrown the phone at my wife, I definitely I did not remember doing it as I was so angry at the time if the fight I couldn't remember, but I did say it could have happened !!
Alex Watts : The test for assault is the apprehension of unlawful violence, so you do not have to actually make contact.
Alex Watts : If you accept that you either made contact with her, threw anything or behaved in a way that made her thought she would be subject to any violence then this is an assault.
Alex Watts : If you plead not guilty the court can consider the interview, but you need to have made admissions of some sort to be comvicted.
Alex Watts : If it went to trial they would likely witnesses summons your wife which means if she does not attend she could be subject to arrest although this is unlikely.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts : If you pleased guilty then you are likely to get a fine
JACUSTOMER-pk1tf2tz- : She has withdrawn her statement, with no influence from me, he dc is also our side as we don't want this to go any further as it is out of character for me, will the court consider these factors if I plead not guilty. The fc looking after the case says I would be mad to plead guilty as my wife gas withdrawn
Alex Watts : They can still convict on your interview if you have made admissions.
JACUSTOMER-pk1tf2tz- : But how likely? Bearing in mind my good character, would you suggest I plead guilty or not guilty
Alex Watts : I can't say I have not seen the interview
Alex Watts : It would be wrong of me to tell you what to do
Alex Watts : I can only say how they can convict you, ie based on what you said in interview.
Alex Watts : you?
Alex Watts : Can I clarify anything for jouL
Alex Watts : Can I clarify anything for you about this today please?