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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6751
Experience:  Solicitor
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I have been charged with Common Assault by Battery. It was

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Hi - I have been charged with Common Assault by Battery. It was in a domestic setting. My wife came home drunk... daughter was upstairs... She started complaining she thought she was having a miscarriage - I didn't believe her as I know she had a water infection... I gave her some cranberry juice...made her a hot water bottle... Then she went to the toilet. I went in not long after and there was a kitchen knife in there with a bit of blood on it - I asked her what she was doing with it and she said she was going to kill herself.... I grabbed her and picked her up and put her on the sofa. My wife then went up into our daughters room and was laying on the floor crying... I helped her up and put her on our our bed. She kept trying to get up and I kept pushing her down telling her to just go to sleep... Then she went into our daughters room again and I messaged her mum for help. At the top of the stairs she went limp and fell on me.. we almost fell down the stairs.. I bring her down and Im grabbing her arms (I'm behind her) and guide her into living room. I was trying to guide her away in to the living room away from the knife in the kitchen. She then head butted me backwards, scratched me, and started fighter with me (still facing away from me) stamping my feet... bit me. I let go and let her bite you. All the time Im grabbing her arms - thinking so she cant get the knife.. or go to our childs room or leave the house in the state she is in... So she's got bruises all over her arms, there was also a picture the police showed me of a mark on her forehead and something on her leg. Then her mum pulled up, and I let go of her and called our daughter to come down. I let her mum in, gave our daughter to her mum. My wife said Id beat the shit out again, pulling her hair
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: ... sorry dont reply yet.....
JA: What action has been taken so far? What's your ideal outcome?
Customer: I got my jacket. She said sorry I didn't make you happy and her mum offered me to stay at hers and I said no id go for a drive. When i get home an hour later the police are there and I'm arrested.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Ive not got a criminal record, but the police have been called once before to our house a year ago - I believe i had a warning but may have had a caution - I'm not sure - i didn't go to a police station, just signed a piece of paper. However, based on the police's questioning, it looks like she has alleged 1 count of rape previously (not at this time) and the previous assault assault also (which I was given a warning/caution for) Im pretty sure it was just a warning. I admit that I used force, and to want plead guilty as I dont want the nastiness and hope to be able to get my marriage back on track. Ive been to the doctors, and Relate to start stress management this week. But the duty solicitor says if I plead guilty it is to a blow to the head and choking ?? Neither of which I did. What is my likely sentence?
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: All details above

Hello my name is ***** ***** I will help you with this.

What were the injuries please?

Customer: replied 1 year ago.
Bruising all on her upper arms, but also police showed me a photo of her face with a mark on her forehead and something on her leg (the latter 2 were not me)

Ok. You are likely to get a community order with probably a activity programme such as anger management or unpaid work.

But that's is likely to be the sentence.

Can I clairfy anything for you about this today please?

Customer: replied 1 year ago.
I am worried though as I read somewhere about aggravated features or something - and there was previous violence a year ago and a child was in the house... aswell as the actual bruising I caused. Plus if Im pleading guilty and all I've said before is no comment they won't know all of the mitigating factors in my defence - surely to them it will just look like I'm a wife beater who possibly may also have raped her?!
Customer: replied 1 year ago.
Am I likely to get a restraining order or injunction?

I dont think so, not unless your partner wants it

If you plead guilty you can still mitigate.

Does that clarify?

Customer: replied 1 year ago.
thats brilliant - thank you :) Will sleep tonight now

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Doing it now - thank you again

All the best.