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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4730
Experience:  Owner at James Bruce Solicitors
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I have been arrested but not charged yet for common assault

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I have been arrested but not charged yet for common assault harassment s2 and failing to have what I thought was a antique shotgun on my licence.
JA: Have any charges been filed? If so, when is the next court date?
Customer: No still under investigation on bail till August the 9th
JA: Where did this occur?
Customer: In the uk the county of Suffolk
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I Don't think yes

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.

How may I assist with the question relating to your arrest?

Unfortunately, without the additional information requested in my first/previous response, I will not be able to give you detailed advice to your question, but I will be able to give you a general answer, which I hope will be of assistance. If you are able to supply the additional information later, please do so and I will then come back to you with a more detailed answer.

At this stage you are only on police bail following your arrest for a range of different offences.
When you answer bail on August 9th hopefully the police will have a decision from the CPS as to what if any charges you are to face.

You can be charged with any or all of the offences for which you were arrested.

If you are, the matter will go to court, where you will then either plead guilty or not guilty then either be sentenced or have the case adjourned for a trial.

Each offence carries its own sentence if convicted. These can range from finned, to a community order or prison.

If a community order is given a fine will also be likely.

Any sentence given can be either concurrent or consecutive.

Due to the nature of the offences, if you have not already done so, I would advise instructing a solicitor .

The link here will help you find one offering legal aid.

I hope this helps answer your question.
Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 9 days ago.
As these are all first offence and I'm 62 with no previous convictions no violence was used only arguments and silly threats will this help me .

You would receive some credit for your previous good character from the court.

Likewise, if you plead guilty at court, that also against credit and a reduction in any sentence.

Customer: replied 9 days ago.
Thanks so do you think I will escape any form of custodial sentence as these are my first offences and out of character to me it all came to a head two days after my sister collapsed and died in front of me my wife and partner of 20 years told me she wants to divorce me and sell the house.

I really could not say that. The offences can carry a custodial sentence. I donot know the full circumstances of the case for each offence, or what evidence the prosecution will use, only the court can decide on the sentence.

it is more likely you would receive a community order and a fine, but custody is an option.

Customer: replied 9 days ago.
The insedent happened on two occasions no violence was used the custody solicitor has said because of nature of offences and stress I was put under not being able to greive then divorce thrown at me she doesn't think there will be a custodial sentence as these are all one offs and out of character to me .

That is very possible, but is up to the court to decide. They will most likely adjourn for pre sentence reports to lean about you before sentence.

Customer: replied 9 days ago.
What could be the maximum sentence i could receive possibly if I plead guilty which I intend tofor all three offences .

As explained, I cannot say what the sentence would be, it depends on exactly what is charged, how the prosecution put the case, whether you plead guilty, etc.

There are different firearms offences, so that would depend exactly what offence they charge you with.

Customer: replied 9 days ago.
The shotgun offence is not having it listed on my certificate as I thought it was a antique.

I have attached the sentencing guidelines the court use when sentencing. The offence can carry a prison sentence of a number of years.

However the court must follow the sentencing council guidelines

From what you say if simply no licence, then I would thing the offence as far as culpability is concerned would be a type two low culpability offence.

The harm level would be category 3.

Therefore for sentencing the offence is likely to be a  category 3C offence. The sentence for that starts at a fine with a range of sentencing from a discharge to a higher level fine.

The other offence would likely be a fine or a community order.

Customer: replied 7 days ago.
My solicitor has said I'm being investigated for harassment s2 no violence can the cps upgrade this to a s4 when they get the report from the police is this likely.

The police arrest for an offence, they investigate then pass that file to the cps for a charging decision. The CPS can increase or decrease a charge.

Customer: replied 6 days ago.
technically it can go from 2 to 4 but how likely is this to happen my solicitor said I was being investigated for s2 no violence.
Customer: replied 6 days ago.
Is a custodial sentence usually passed down to a first time offender under s4 there were threats to having her followed but no violence was used.

Sorry I cannot say how likely that will be, as I do not know the full case and evidence that the cps have. You will need to wait and see.

As for sentence, that is down to the court. A first time offender can go to prison that is up to the sentencing court.

Customer: replied 4 days ago.
Police have removed a old shotgun from my property I did not have it registered as I thought it was a antique apparently the gun has gone away to be forensically examined is this common.

Yes, with any firearm offence, the weapon will be sent for forensic testing. It will be tested to see if it can be fired, how it is fired, the power of the weapon etc.

Customer: replied 4 days ago.
I see so if it can be fired but has not been fired for over thirty years how will this effect the outcome

Then tou can be charged with possession of an illegal firearm.

Customer: replied 4 days ago.
Agreed but its been in my loft wrapped up for 20 years I thought it was antique that is why I never added it to my certificate do you think this will result in a fine and loss of my licence .

The onus is on the owner to establish the age, condition , etc of any weapon in their ownership.

The fact it was wrapped upon the loft does not remove the fact that you were still in possession of the weapon.

You will need to wait to see what the results of the test say when thy come back.

james bruce and 2 other Law Specialists are ready to help you
Customer: replied 4 days ago.
Checking on the sentencing Council guidelines i worked it out as category 2 with no intension to use would you agree with this .