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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75103
Experience:  Over 5 years in practice
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I am to be sentenced for a first offense of common assault

Customer Question

I am to be sentenced for a first offense of common assault by beating. I have had depression problems for ages and in an argument drunk I bashed the door down to get in our shared apartment. My partner hit me and I grabbed her by the neck for 20 seconds causing bruising. I didn’t mean to hurt her but she was winded. I plead guilty instantly. The judge remanded me for 5 weeks in prison due to our shared home. She loves me and wants to rebuild and wants no restraining order or restriction on us reestablishing trust. I am terrified about sentence. What can I expect?
Assistant: What were you convicted of exactly? Have all your appeals been exhausted?
Customer: Common assault by beating, pled guilty
Assistant: Where did the assault occur?
Customer: (This is in the UK)
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: At our shared home
Submitted: 15 days ago.
Category: Law
Expert:  Jo C. replied 15 days ago.

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

Customer: replied 15 days ago.
Thanks
Expert:  Jo C. replied 15 days ago.

Thanks for the information

 

If this is a first offence then I would expect time served. If you were remanded for 5 weeks that is the equivalent of 10 weeks and it isn’t worth that amount albeit an attempted strangulation.

 

They will probably want to give you a community order with some form of building better relationships course.


If she wants to be reconciled with you then there won’t be a restraining order although be careful that she isn’t being duplicitious.

 

Hope this helps. Please let me know if you need more information.

Customer: replied 15 days ago.
What will the community order entail? How onerous will it be? Can I expect any further time in prison? Can you give me a bit more clarity on the nature of the community order and how it restricts me?

Will I be prevented from going near her home, when she doesn’t want any of this?
Expert:  Jo C. replied 15 days ago.

I cant tell you what probation will recommend.

If she wants to be reconciled with you then there won’t be a restraining order although be careful that she isn’t being duplicitious.

Customer: replied 15 days ago.
Probation has recommended a 24 month order with a 35 day RAR and a building better relationships course of 40 sessions.

They mention an exclusion zone but this is in the context of them not knowing if she wants a restraining order or not.
Customer: replied 15 days ago.
Can you just shed a bit more light on how all of this will affect my liberty?
Expert:  Jo C. replied 15 days ago.

It shouldn't really.

You will just have to do the probation order.

You are not going to prison.

RAR speaks for itself - 35 days of work.