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: 71135
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

i was thrown out of a nightclub for being drunk. i was arrested

This answer was rated:

i was thrown out of a nightclub for being drunk. i was arrested and charged with taking a swing at a bouncer. i cant remember. if it goes to court what is the likely penalty
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you have any previous convictions please?
Customer: replied 3 years ago.

I have no convictions but i have 2 cautions when i was younger

What for?
Did he have any injuries?
Customer: replied 3 years ago.

no injuries. they didnt say i hit him, just swong for him. Cautions for breaking a window and hitting someone

How long ago were those matters?
Customer: replied 3 years ago.

one was 14 months and the other 5 years

They are going to be considered then realistically. They are both offences relating to anger management.
The truth is that it depends on facts that you cannot tell me. If this is a punch that didn't connect then its probably an assault by apprehension and then you may be fined.
If its a punch that did connect but didn't leave injury then its aggravated by the fact that he was there in the course of his duty although he isn't really a vulnerable victim. If thats the case then you are facing a community order. Which type depends on how probation assess this. If they conclude that you have anger issues particularly in drink then you could be facing a think first course. If not then its probably unpaid work.
There will also be costs of £85 and the victim surcharge.
Can I clarify anything for you?
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

will i get a criminal record

Yes, I'm afraid if you are convicted then you will.
Customer: replied 3 years ago.

is there any way i can avoid it going to court

Only if they don't charge you or they offer a caution. Thats not all that likely of course.
Customer: replied 3 years ago.

could i go to prison

Customer: replied 3 years ago.

do i have to pay again to get your answer to the last question

No, its a free follow up.

Yes, you could but you won't. Its not realisticly an option.