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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71895
Experience:  Over 5 years in practice
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I have been charged with assault by beating (recordable)

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Hello, I have been charged with assault by beating (recordable) contrary to section 39 of the criminal justice act 1988.
I need to appear in magistrate court in 2 days. What ce tense can I expect.
This was the first time I have been in trouble and really regret it for assaulting my wife. I grabbed her on the tshirt causing her to get couple of bruises on her leg and arm and tearing off the sleeve of the tshirt. The police have taken pictures of this.I was given bail on condition i do not contact her or go to the house. We communicate through my mother regarding seeing the children. I know my wife have withdrawn her statement.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

this is the only time the police have been involved in your domestic life?

Customer: replied 5 months ago.
first time

Have you admitted the offence?

Customer: replied 5 months ago.
I have, I was arrested, admitted the offence and was released on bail and charged with the assault I wrote above
Customer: replied 5 months ago.
With a court details to attend to

That's a shame. They won't dropped this. You have admitted the offence. This should have been a no comment interview.

I would expect a low level community order or possibly a fine if you are very lucky. It is not really high level assaults, in fact I am surprised that the police did not issue a caution to the police station. The problem is it will lead to a conviction which is unattractive.

Can I clarify anything for you?

Jo

Customer: replied 5 months ago.
you mentioned I would expect a low level community order or possibly a fine if you are very lucky. Does this mean I expect anything worse? Maybe imprisoment?
Is it best if I now admit again in court. Can I still be out with a caution? As it will lead to a conviction that means I will have criminal record?

No, it would be best to make no comment interview. All we are doing now is picking up the pieces.

A caution is not going to happen now. That can only be negotiated by the solicitor that he would have been offered at the police station who in this case probably would have told you to make no comment interview.

Custody is possible but is not particularly likely for this case.

Customer: replied 5 months ago.
can I just be sure, it is best not to admit anything now In court? Or just admit again as I have already?
Is fine or community order the most likely
Solicitor came late after I have admitted as was my first time and I didn’t know

If you have admitted this in interview then you don't have any other option but to plead guilty.

Community order is the most likely option.

Customer: replied 5 months ago.
Thank you! Very helpful
Just last, does this mean I will have criminal record?

Yes, unfortunately it does and you will

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 5 months ago.
Hello can someone call me please asap
Customer: replied 5 months ago.
My wife have withdrawn her statement
Customer: replied 5 months ago.
If I plead not guilty can I get away with it
They have 3 pictures of my wife with 3 bruises and the tshirt sleeve ripped. Can they find me guilty later
Customer: replied 5 months ago.
I am in court now

It doesn't matter whether she has withdrawn or not.

You have admitted it.