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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12081
Experience:  30 years as a practising solicitor.
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Its my 2 assault offence after 2 year me and my wife was

Customer Question

Hi its my 2 assault offence after 2 year me and my wife was playing with each other but witness said I hit her but it's was not hit and she also said that we was playing and witness call the police now I m on bail I m going to court after my social work reports will I go to prison
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
I has been charged for punch and grab her from hair
Customer: replied 1 year ago.
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Expert:  Remus2004 replied 1 year ago.
How can I help with this please?
Customer: replied 1 year ago.
Hi there, after 2 years i was arrested and charged for an 2nd assault against my wife, it happened at 2am in the car, we were play fighting and all i did was grabbed her, but there are 4 different witnesses saying that i grabbed and punched her. I plead guilty as my lawyer told me i could be remanded if i didnt so i did, the sherrif gave me bail not to approach the victim or go to the place we live, he has deferred me to see a social worker and has asked me to come back to be sentenced on the 18th, i just want to ask will i go to prison for punching and grabbing as this is 2nd time first time was just pushing ?
Expert:  Remus2004 replied 1 year ago.

Sorry, I have just realised that you are in Scotland. I will opt out for you as I am in England and Wales.

Expert:  JGM replied 1 year ago.

I'm a lawyer in Scotland. The difficulty you have with this is that you pled guilty and should not have done so if you were play fighting. Because of that you can't plead that fact in mitigation as you have pled guilty to assaulting your wife. What you need is for your lawyer to get a letter from your wife and get her to be in court to confirm that she wants you back and that the incident was a misunderstanding between you. If you were playing then I presume there was no injury so that can be used in mitigation. In addition your family and employment circumstances would be relevant. Unless there was a substantial injury it is unlikely that you would go to prison although the sheriff will consider that as an option. The sheriff does, however, have to discount all other disposals first and it may be that a community payback order would be the best disposal here. That is something that the SW will discuss with you. I hope that helps. Please leave a positive rating so that I am credited for my time.