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: 71153
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I am due to Magistrates court for assault by beating of my

This answer was rated:

Hello. I am due to Magistrates court for assault by beating of my partner on 19th. We were both under the influence of drink and drugs, we had an argument, she hit me, leaving no marks, I grabbed her around the neck and put her to the floor. I said in my interview it was self defence to prevent further strikes. She said I hit her first, which I didn't. The police showed me pictures of her neck. I have never been in trouble before and have a good job. Do I plead guilty as I did cause some harm and hope for a lenient outcome or not guilty and self defence and rely on he said she said at a trial but risk stiffer penalty if found guilty?

Hi this is the first time police have been involved?

Customer: replied 4 months ago.
Customer: replied 4 months ago.
Did you receive my last answer?
Customer: replied 4 months ago.
I'm still not receiving answers even though I have received text to say a response is available.

have you admitted what you did to the police?

Will she give evidence?

Customer: replied 4 months ago.
I explained to the police what happened. But I contested her version that I hit her first, that did not happen.
Customer: replied 4 months ago.
She has been to the police as she didn't want me charged. But they said the CPS had taken it out of her hands and they decided to charge. She has also told them she would not give evidence.

That is a shame. This should have been no comment interview. He would have walked away with nothing. I have not seen your interview obviously and so I can't say whether or not you have a self defence arguments here. On the face of its you have admitted an offence because grabbing her around the neck probably was excessive.

If your admissions amount to an offence then probably should be considering a guilty plea.

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
Hi. OK that's what I thought. As they have photographic evidence of an offence also. If I plead guilty what would be the ball park sentence for a first offence?
Customer: replied 4 months ago.
Would a no comment interview been enough even in light of photographic evidence?

it depends really. I must sound very surprised that they didn't just cautioned you at the police station.

On the first offence though it would only be a low-level community order.

Jo C. and other Law Specialists are ready to help you
Customer: replied 4 months ago.
OK thanks for your time.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/