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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12072
Experience:  30 years as a practising solicitor.
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I want to know whether I have possibility to be sentenced

Customer Question

I want to know whether I have possibility to be sentenced with imprisonment or not.
I was accused by my ex girlfriend because of 3 charges which are assault domestic, threatening attitude, breaking property. However, it was self diffence and false information made up by ex in anger. But I told 'yes' in police interview because I was confused with the situation and could not understand what police said during interview because English is not my 1st language. Then, I was arrested. My soliciter suggested putting off the court to Octorber and November, then I was bailed out. I do not have previous criminal history.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

What are the charges exactly? Have you pled guilty in court? If so why has the case been continued? Do you have a criminal record? Do you work? What are your personal circumstances? Do you have indefinite leave to remain in the Uk? If not, what is your immigration status?

Customer: replied 1 year ago.
As I explained, charges are Domestic assault, criminal justice and licencing (shouting to someone) dimestic and criminal law domestic.
I do not know exact name. But I was charged because of assault, loud voice by insulting word, breaking property. I was not pled anything because the first cort is put off as I told because my lawyer judged it is dangerous with the documents. I am student. I do not have criminal history. I will stay in UK for study. As I already wrote, it was self defence. But she said that I assaulted. And Her shirt and property are broken. Because she act violently and I caught her body when she hit me. But I said it is my fault during police interview. I am afraid if I might be jailed or not. Because I can't keep study and lise my career.
Expert:  JGM replied 1 year ago.

Please narrate the whole incident in a way I can understand and I will try to advise.

Customer: replied 1 year ago.
What information do you need? This is ongoing, so I want to avoid detailed information but I think it is enough to know if jail sentence is possible or not. For example, even if there is no criminal record, can the judge let me go to jail in this case? For example, uk law does not allow the accused to go to jail with first offence. I want to know worst situation.
Customer: replied 1 year ago.
She called policeman. She accused that I grasped hair, pushed, made loud voice and broke her stuff. And I was taken to police. And I was bailed out 3 days later. The first cout is end of the month and next one is next month. This is everything.
Expert:  JGM replied 1 year ago.

There is insufficient information to give you a full opinion. You haven't even pled guilty or not guilty in court yet. Assuming you plead guilty to everything, which would be a mistake, the court will consider a jail sentence and may order background reports. As a first offender the court will try to find an alternative disposal of course. However as you haven't told me the whole circumstances of the incident I would only comment that a community disposal would be a likely outcome in this type of case.

Customer: replied 1 year ago.
We started dispute in the night. And she said that I threw her belongings and shouted with the bad words. Also she accused that I broke her belongings. For assault, she acted violently, and I assumed that she will use a knife. So I push her back. But she said that I grasped her hair and upper body. But I told it is self diffence.
Customer: replied 1 year ago.
If I was sentenced with jail sentence. I lose my career and study here...
Customer: replied 1 year ago.
According to the law, it is written that imprisonment shall not be imposed to accused who have never comitted crime. Why may the judge apply jail sentence? In addition to the situation.
Expert:  JGM replied 1 year ago.

Yes, well that assumes no crime. Your earlier narrative suggests you are accused of a crime. Are you accused of a crime? Your question asked what would happen if you were convicted of a crime? You weren't keen to tell me too much about the incident so I have assumed you are pleading guilty. Of course if you haven't committed a crime you won't go to jail. If you have committed a crime you might. Now, please either give me the whole truth or accept the advice I can give you on the limited information you are prepared to give me.

Customer: replied 1 year ago.
Still I can't get what you mean. I was already arrested and accused as I told already. It means I want to know possible outcome and worst outcome. Now I am bailed out and waiting the first court. So I would like to know whether to be jailed or not in my case. I already gave whole information above. My lawyer said that jail can not be sentenced with this. But you firstly assumed that it would be jail sentence.I want to know the reason.
Customer: replied 1 year ago.
We firstly disputed and sprinkle water each other. She acted violently and I stopped and push back to the bed. She get raged and started punching me. So I grasped her hand but her cloth was ripped when I caught her. During disputing, many properties were broken. After that she called police. And she said that I hit her and harrased with bad word and broke stuff. At the interview, I was confused and could not understand what police officer said. It was written that I plead. But my lawyer decided to put off court because the documents were unfair. I do not have criminal record and full time student. Jail sentence is too heavy and it could be impossible to keep study.
Expert:  JGM replied 1 year ago.

You will not go to jail. You are likely to get a community service type order.

Customer: replied 1 year ago.
Could I ask the reason?
Expert:  JGM replied 1 year ago.

Because I have had 30 years experience in assessing cases like yours and that is my professional opinion.