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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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I am a 22 year old male serving in Royal Navy. On Saturday I

Customer Question

I am a 22 year old male serving in Royal Navy. On Saturday I was arrested for assaulting a boy in the pub in my town.
Me and my girlfriend were out with her and mine friends, with that said her ex and his mate were there. A bit of a background on the ex's mate is that he has indirectly asked for nude pictures of my girlfriend via my girlfriends mate (he has since deleted my girlfriends mate from snapchat and removed the conversations to hide this).
We were dancing when someone put a cap on my girlfriends head. Said ex's mate tried to reach over to her to take it to which she ducked, he then pushed me and I swung and took him to the floor and punched him a further few times while he tried to fight back.
The bouncer then came over and just told us to go our own ways (he did not kick us out) the boy then got the police and I was arrested for assaulting him. I was released a few hours later on an undertaking to appear on court on a certain date.
Subsequently I've found out by word of mouth apparently he has dropped the charge (not entirely sure if he has but I'd possibly like an answer as to where this would leave me as I understand the PF can still prosecute)
My girlfriends ex is also apparently a witness to the fight and has given a police statement but may also be retracting his statement but once again I don't know about this.
I'm now a little worried as because he pushed me first and I fought back (excessively, but causing no damage or injury)
My divisional system at work are aware and a warrant officer will attend my undertaking as a character witness?
I've spoke to a lawyer briefly and he said he will send a letter to PF to find out a likely outcome.
Like I said, I've got a clean history and never committed an offence before. Will I likely be prosecuted for assault or is there a chance I could get a a fiscal fine and not face a charge? I just really do not want a record.
I hope this is enough details, many thanks.
Submitted: 4 months ago.
Category: Scots Law
Expert:  JGM replied 4 months ago.

What area of Scotland was this?

Customer: replied 4 months ago.
Does that information matter in regards ***** ***** law?
Expert:  JGM replied 4 months ago.

Yes it does as prosecution policy varies by area on whether a case will be taken to court or a fiscal file issued.

Customer: replied 4 months ago.
Oh okay, north east.
Expert:  JGM replied 4 months ago.

There is a reasonable chance you will be issued with a fiscal fine, assuming no one was injured. Nothing can be guaranteed but that would generally be the outcome.

Customer: replied 4 months ago.
What other possible outcomes is there with the details I've provided? I've still got a court date so if a fiscal fine is issued will this be before or on the court date.
Expert:  JGM replied 4 months ago.

You will be told on the dat of th bail undertaking whether they will be putting you through the court or not. If they don’t you will either get a warning or sent away to await a fixed penalty.

Customer: replied 4 months ago.
Does a warning count as an assault charge on my record as I noticed a fiscal fine does not count as a charge or as guilt?
Expert:  JGM replied 4 months ago.

No it doesn’t.