Charged With Common Assault Domestic, First Offence. Very Scared About What Will Happen

[Kenny7]

My ex has accused me of punching her and throwing her, when in fact it was her who started to throw things at me and then ran at
Me throwing punches. She did this 3 times the first time I pushed her away and she fell into the Chen beast
Of draws (she was very drunk) the second time I did the same, but she fell over and hit her face on my window cill, causing a cut To the nose and a nose bleed. But she got Up and came at me again. This time I held on the bed and would not
Let her go until she agreed to leave my house. We had been out that night with my young son at a party. And she became aggressive over my ex wife. Her antics managed to wake both my sons, and my eldest son seen some of what happened. But she reported me a week later. After I had been sent a death threat of her son which I told her I may take to the police. I think that she reported me to protect herself. Because if I had have gone to the police with the threat I would have to bring up what she had done.

[EDDIE51]

Common assault is the lowest category of assault. It is VERY rare for it to be a custodial sentence. In a case like this it is NEVER going to be custodial.
In a case like this I would say the charge will not get as far as court. I would expect a conditional discharge or at worst a short community service order.
As said do NOT worry I can't see this actually getting to court! even if it does you are looking at IMO a conditional discharge.

[Kenny7]

She went to A and E the next day as two black eyes Es had appeared from the fall against the window cill, I honestly thought the cps would not charge based just on her lies and pictures, my eldest son even gave a statement saying that she was trying to hit he, and that I only pushed her advances away. I have to plea soon. I am so scared as I have never been in any sort of trouble before and I am single full time dad. My property was damaged from the items she thrown at me and all I was worried about was protecting my boys and my house as well as myself.

[New Judge]

Have you actually been charged yet? If so there is every likelihood the matter will get to court.

[Kenny7]

Yes with common assault

[New Judge]

Then the idea that it will not make court is fanciful. The CPS have examined the evidence, decided there is a realistic chance of a conviction and that it is in the public interest to proceed.That's why you've been charged.

[EDDIE51]

Thanks NJ, but do you agree it is definitely NOT a custodial ?

[Kenny7]

I accept she got injured in the incident but not in the way she is saying, my family has not been the same since, it's the second time she has attacked me, wish I was not so soft, and reported her the first time. And deffinatly regret not reporting her this time.

[New Judge]

First of all, it is not at all certain that you will be convicted. From your brief explanation of the incident it is a typical “She says I pushed her, he says I hit him” type of event. If you plead Not Guilty and the matter goes to trial it will depend very much on the evidence provided to the court on the day. Nobody here can say for sure what the outcome will be based on the brief details you have given. In fact nobody could say for certain even if they had the benefit of all the evidence because it is not what we think that counts.

Assuming the worst and you are convicted, very few people go to prison for Common Assault and for first time offenders it is virtually unheard of. The offence is aggravated by being committed in a domestic situation and is also made worse by it being committed in the presence of your children. But apart from that it does not seem more serious than an average offence. The most likely outcome may be a fine or even a Conditional Discharge. I doubt it would be seen as serious enough for a Community Order (again based on what you have told us).

One possibility that may be an option is for you to agree to a non-conviction Restraining Order. This would mean that no prosecution will be pursued but you will have to agree to an order preventing you from seeing your ex. I don’t know your circumstances and it may not suit you but it might be something you’d want to consider.

If you do not have a solicitor and you plead Not Guilty one will be appointed (at no cost to you) to cross-examine the victim. (Defendants-in-person are not allowed to cross-examine their alleged victims in cases like this). Very often lawyers appointed in this way will negotiate a Restraining Order for you on trial day.

[EDDIE51]

Thanks again NJ you have explained what I was trying to say but far more eloquently.
So Kenny do not worry, this is NOT going to be a prison sentence.

[Kenny7]

I have a solicitor, and he has not told me anything, but in fairness, they have not received the evidence of the CPS yet, we have been waiting for it since before Christmas now. And I plea in a few days. But all she can have is her statement and the pictures and hospital report. I have been told that she went to court in the late 90s, for assault, but it got settled before hand. My solicitor is putting the fear of God into me, saying it's very serious and I could be looking at a lot more that you guys a telling me. All they have gone on about so far is money.
I have told them I don't want my son to give evidence as he has gone through enough, but they seem dead set on going to trial. Can't believe this has gone this far, seeing as she was the aggressor in this situation. And she makes out she is all innocent. There is no way that I will ever get back with her, the first time she hit me was bad enough, but that time my boys were on holiday with their mum, but after this time, she done it in front of my boys, and I end up the one in court. I just want it all ended so I can resume my life with my boys.

[New Judge]

You won't be served with all the evidence the prosecution intend to use to prove their case unless and until you plead Not Guilty. Then you will get it all (plus any "unused material" they have).

[Kenny7]

My solicitor never told me that, Thankyou for informing me. I will be pleading not guilty, but just don't want to put my family through it all.
Roughly how long will it be to the trial after the plea, as I just want it all out of the way. Sorry for asking so much, but this is just a situation I am new to, and to say it's affecting me is a understatement. Also do I ask my solicitor to ask the prosecution for the non conviction restraining order before the plea.

[New Judge]

The time to your trial varies from area to area. It cold be three or four weeks, or possibly up to three months.

You should discuss the option of a non-conviction restraining order with your solicitor before entering your plea. What in effect you do is to offer to agree to the order in return for the prosecution being discontinued. This avoids the possibility that you might be convicted but also avoids the need for a trial (with all the distress that has for all concerned).

The alleged victim (i.e. your ex) would have to agree, but it would be to her advantage (unless she is so vindictive she wants to see you convicted whatever the cost).

[New Judge]

And I forgot to add that if your offer is not accepted before you enter your plea you should plead not guilty (subject to the advice of your solicitor). This enables you keep the offer in your pocket until trial day. The prosecution may be more agreeable to accept it then, especially if their witnesses have either failed to turn up or seem reluctant to give their evidence.

[Kenny7]

Thanks for the advice, will be ringing the solicitor in the morning. Just heard of horror story's about magistrates court. So far you have give me more advice than my solicitor. Will keep you updated.

[Kenny7]

Got rejected on the non conviction restraining order, so went not guilty, got all the evidence, and even to me who is not that cleaver, the victim statement is floored, remembers the alleged assault, which did not happen by the way. In great detail, but can't remember what the argument was about beforehand, what started it all. As I expected nothing about what really happened. they rejected the order due to the injury. Which were submitted to the police in black and white photos, I don't think any police actually seen the alleged injuries in person.

[Kenny7]

Just wondering does the prosecutor that was in court deal with all the cases that day.

[MrMcpothead]

Hi Kenny,

This may or may not be much use to you but when I was researching common assault by battery punishments I was after all the info I could get, and this website seemed one of the best places for it.

I was in magistrates court this afternoon for section 39 - common assault by battery. I punched the wrong lad during a group fight while out drinking in December. All was caught on CCTV, he sustained a black eye. I pleaded guilty at the earliest opportunity, I have previous caution for ABH and driving offences from 8 years ago.

Today I walked from court with a 12 month conditional discharge, a £100 compensation bill and £100 court costs.
I saught a lawyers advice before hand so I got to see all the CPS prosecution papers, then I used the duty solicitor on the day, who was excellent.

Every case is different, but turning up with some good character references and smartly dressed seemed to go a long way with the magistrates today.

Good luck to yourself and anyone else who finds them selves in a similar situation.

[Kenny7]

Hi, Thanks for the reply. That does help me, it's reassuring that I won't be sent to prison, but I am going not guilty, I am going to take it all the way. She should not be able to get away with this. Sorry to hear about your situation, but glad it worked out OK for you.

[Kenny7]

Hi, I'm afraid this is all still going on, the court made a mistake and double booked the day of trial, so I have to wait now even longer, the impact on my family has and still is tremendous. We have lot more evidence now, but despite my solicitor telling the procicution they won't get a conviction, which they sort of agreed with, as some of the evidence we intend to use, they had not seen. At no fault of ours, this was evidence I handed in, and the police did not submit it, and when we asked the cps a month before the trial, if they had they had received it, they said they did not see the relevance of it. And did not seem bothered. It was only on the day of trial that the procicution did want to see it. As well as my sons evidence, which they had not even looked at. But despite all this I offered the card again the prosecution seemed to agree. But she refused. She knows that I am going to report her and her son, and has no choice but to get a conviction on me. I have been advised not to report her until after my one is over. Honestly this whole thing is a mess, and I have not done anything apart from protect myself and my boys. My opinion of the Cps at the moment is low, I feel they have not followed their own code with gathering evidence and just have just gone of the police statements, and it is horrible to say this, but automatically think just because I am the male, that I must be guilty.