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LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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My husband was arrested for assault (downgraded from

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My husband was arrested for assault (downgraded from ABH/GBH), intent to kill and trying to force entry (I think I have that right) and just after some advice. It started when myself and a "friend" (call her Ann, not her real name) having a dispute by text and message. Long story. She posted stuff on Facebook, I retorted indirectly (not using names), a friend asked us to stop, I took everything off. My hubby came downstairs to say was going out, looked on his Facebook and saw Ann's hubby (let's call him Adam) had written a long post calling me a c*nt, my full name, lot of insulting stuff and saying he was going to end me if we had a fight. Him and my hubby had an argument on there, Ann joining in, and Adam sent my hubby a private message saying his address and only way hubby was leaving Adams was in a body bag, then said if hubby didn't go round there he (Adam) would come to ours. My hubby has ME/CFS and Fibromyalgia which Adam knew so not exactly a fair fight. One thing my hubby said was he was going to end Ann's misery - she had been messaging my hubby couple,of weeks before saying how miserable she is with Adam and thinking of divorce which is what my hubby meant but know how it looks and sounds. I went to try and stop my hubby but by the time got there was too late and police and paramedics there. Adam has a lot of weapons in the house so knocked to see if hubby was there (the door was fine) and Adam looks fine from behind the paramedic. When hubby came home he had bruises and fat lip. Said when he had gone to door Adam had opened it and attacked him with a block of wood, they fought for a bit them hubby's strength ran out and he collapsed to the floor. Adam continued to hit with the wood, kick, stamp and threaten him, threatened to get a knife and proof that I was bullying his wife (I have everything pretty much stored on iPad), left him to go inside, came back and stamped on him again, dragged him to the gate, stamped some more, went back in, neighbour threatened hubby so hubby got up and stumbled off and when saw police handed himself in. After fight Adam posted pic on Facebook of can of coke saying "c**t" on it. Ann has since written posts on there insulting me but not using name but describing me so all know me she's talking about. I'm after advice to see where he stands and what will happen next, he's got to go back to police station this week and has been appointed solicitor by them who has not been in touch yet, all happened about a month ago. My hubby feels bad for the incident and I would have stopped him if I'd known what was happening.
LondonlawyerJ :

Hello I am a solicitor with over 15 years experience and will try to help you with this.

LondonlawyerJ :

So your husband is on police bail and has not yet been charged. This means he is a suspect but at present the police do not have enough evidence to charge him. When you say intent to kill do you mean threats to kill intending that the threat was believed? At this srtage there is not much that can be done, and you and your husband need to be patient.

LondonlawyerJ :

The solicitor your husband has will be a duty solicitor. This is not someone appointed by the police. The duty scheme is run by the Legal Services Commission (formerly the Legal Aid Board) and involves a rota of solicitors in private practice. Solicitors have to get enough experience and pass tests to become duty solicitors, all good criminal solicitors are duty solicitors.

LondonlawyerJ :

His solicitors should write to him and give him written advice about what has happened. He can also speak to them if he has any questions but, unless there is any specific evidence that can be gathered at this stage then really you need to just be patient.

Customer: We heard from the lawyer today and hubby was meant to go back to the police station tomorrow to find out charge but they've postponed till end of October as not received medical records from Adam to show if any damage caused by hubby. They told us that it's just a case of going back and finding out charges then go from there. Just hadn't heard anything until today and was interested in what happens next and if charged then the possible outcomes (fine, community service, jail time).
Customer: Threats went like this :-
Customer: Hubby : f**k you steve
Customer: adam : no f**k you Gareth, get a grip on your c*nt of a wife so she stops harassing Ann or I get a grip on you
Customer: hubby : send me your address, I will be round to end your stinking life you son of a b*tch
Customer: adam : oh really, see you in a minute pr*ck
Customer: Hubby : yes really
Customer: hubby : I'm about to do everyone a favour and put oj out of her misery
Customer: adam : well you have my address, make sure you do some exercise
Customer: then some stuff from Ann. No threats made from hubby in private message but from Adam
LondonlawyerJ :

"I will be round to end your stinking life you son of a bitch" sounds like a threat to me. The solicitors are right all you can do is wait. I tend to think that delay is good for Suspects/Defendants as the longer the case takes the more likely it is to go wrong. As for advice on sentence I can't really give you that as I don't have enough information, your solicitor will be able to although at this stage he won't be able to do more than a ball park type guess - especially as it is not clear what, if anything, he will be charged with.

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