Common Assault Help Please

[Tobytibbs]

Hi there sorry not sure how this thing works. Recently I was traveling home on a train at ten pm when a guys opposite sitting with his girlfriend started talking towards me how I was pretending to talk on my phone. I passed him the phone to try to defuse the situation and prove I was talking to my friend but he carried on. I then got up and approached him. We then got into a fight. I can't honestly say I didn't hit him first as I can't remember but I remember shouting at him saying how dare you hit me. After a scuffle I pinned him down in chairs but as soon as I let go he jumped up punching again. I pinned him again and this time he bite my wrist. I let he go again and as he lunged at me I head butted him which knocked him out. I didn't run to do it he was infront of my face. After he was down I just sat down and waited for the police. I thought the CCTV would clear me but it's not available for some reason and now I'm getting charged with common assault. It started as abh but has been dropped? Can anyone please help with what I'm looking at. Iv got no previous but I have got one nfa from two years ago. Thanks in advance.

[Tobytibbs]

Vhg. How do you think that was helpful in anyway I was not in a silent cartridge and was doing nothin wrong.

[Tobytibbs]

I see I picked the right site. Never mind. Sad jordyboy.

[Orderlimit]

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/common_assult/

An early guilty plea at the first reasonable opportunity (at court) allows a recommended reduction in sentencing of 1/3 rd.

[EDDIE51]

Sorry, but you by your own admission you are guilty .
You headbutted him and knocked him out.
Common assault is a magistrates court only offence so the maximum sentence is 6 months in jail. In reality this is very seldom given so you are looking at a fine and community service.
You are very lucky, from what you have told us there is plenty of evidence to charge you with ABH which can be a prison sentence.
I think you have been offered a 'plea bargain' in other words you agree to plead guilty to a lesser offence in order that they do not charge you with the more serious offence.
My advice, plead guilty at the first opportunity and take advantage of the 1/3rd reduction in sentence . This reduction applies to any sentence, not just prison so a £300 fine is reduced to £200 a 60 hour community sentence is reduced to 40 hours and so on.

[joko]

you also admit you approached him - had you not got up and gone over there this may not have happened - you could have just ignored him.
he may have been a mouthy knob, but fact is it sounds like you attacked him - he also has a witness.

not trying to be judgmental -just noting the facts from a different point of view, and how it 'looks' to others - because it sounds like you are guilty and you are probably lucky there is no cctv - i am not sure how, from your own account - you think it would clear you...?

i would agree your best bet is to do as eddie says.

[DJHawkes]

was alcohol involved at all?

[Tobytibbs]

I was traveling back from work sober. He was drunk I believe as it was 10pm and he seemed it.

[Answerprancer]

Jordyboy, he's asking for advice not judgement you utter tw*t.

[Answerprancer]

Toby - first and foremost, you need legal representation.

[Tobytibbs]

Yes I do have a Solisotor just worrying as it feels like the walls are coming down on me and I wish I never got on the train. I accept I should of walked away but it's hard when people have a laugh at your expense. I was just sitting on phone and once he stopped coming at me I say down. I never wanted to hurt him. Just defend myself

[EDDIE51]

Tobytibbs you can not use self defence as mitigation here, you approached him , that makes a difference, it means that in the eyes of the law you are the aggressor (the one that started it) . My advice stands, plead guilty and apologize to the court and to the man you hit . I can not see you getting more than a fine and community service if you do as I say.
Just to add , why did you think the CCTV would clear you? from what you tell us it would show you starting the fight by approaching the other man, it would prove your guilt not clear you.

[ummmm]

Jordy....The Ed has said many many times that this isn't the place to pass judgement.

[AB Editor]

I'd just like to remind a few members here that Law is not a place for judgement. If you can't help, don't answer. No one cares about your moral objection.

[Tobytibbs]

Because I truly believe I didn't hit him first. I can't remember as adrenalin kicked in but I know my intention was not to hurt him or have a fight.
I didn't hit him. I pinned him down to restrained him. I am sorry he got hurt. Of course I am. I just wish he stopped hitting me so I didn't react. I didn't touch his girlfriend even though I have scratches all over my face and complied with everything I was asked 100%. Also didn't try to for etc.

[jno]

slightly off topic, but if your name really is Toby Tibbs it might be sensible to stay anonymous on forums like this when discussing court appearances. The world is full of jurors who google defendants' names for more background information than they should have.