How long will i go to prision for Assaulting a Police officer

[7everne]

I was woken on a Monday morning, by my dauhgter, saying “Dad there are some people at the door” I looked out of the window and saw a group of males about 3 or 4. I went to the door and opened it and said “Does ****** live here”? I replied “yes, he is my son and he is in bed” Then the first male said “Go and get him” I said what do you want him for and who are you”?
The first male replied “It does not matter who the F*$k we are get him now”!!

I started to fear for my safty and that of my familys aswell. So i said that i am going to shut my door and proceaded to do so, at this point the first male put his foot in the door and the rest of them started to rush me. At this point i was in FEAR of my life and my wife and childrens life and safety.

I then went behind the second door witch is glass square pannels, and i manage to close that but not fully, So i put my left hand on the door, palm opened to the left on the door and my right hand palm up on the door lower down, in line with my stomach, opposite me on the other side of the door was a male to mr right and a male to my left, both where pushing the door towards me, at this point, with the force they both were pushing caused my left hand to go through the glass panel which recieved a cut on the inside of the middle finger on the top joint, it was a deep cut.

I then retreated to the living room, when i saw a secound male making his way up my stairs, and placing his hand on my 9 year old daughter chest and pushing her out of his way. Before i could do anything i was jumped on by two males, At this point i realised that they were police as i saw one of them reach for a pair of cuffs. I was told to put my arms behind my back, bearing in mind that one of the officers had his knee in the back of my neck.

I said to them that i will comply and that i could not put my right arm behind my back as i suffer from a frozen shoulder. ( that is why i could only put my right arm waist high, when i was trying to hold the door shut )

The officer to my right was imformed again about my condition by my wife, and yet he choose to ignore my self and my wife, and continued to forcably bend my arm back so he coul puy my hands in the stack position, which caused me great deal of pain.

I was told that i was under arrest for assault on a police officer and was told to stop struggling, i told them that i was not struggling and that i would comply with them, The officers kept repeating them selfs “Stop struggling”
My wife said ” He is you dont have to hurt him”

I was then Dragged out bear footed through the broken glass were my left foot recieved a cut.

To cut a long story short, i have been charged with assaulting a police officer.

The charge is that i punched a police officer through a glass door. I that was the case how come i NEVER recieved any cuts to to my fist, and if i did do what im accussed of there is know way i could recieved the cuts to the inside of my leff fingers,

I am right handed, so if iwas going to throw a punch it would of been with my right as my left is my weaker arm.
The officers story does not match the evidence.
I have gone not Guilty, and have found out that the officers story has change. He states that hen i opened the door, they introducedthem selfs, and straight away i pushed out my chest with my shoulders back in a threatening way. I have recieved injures more than the officer, His injures was a small cut to his nose, where mine was a deep cut to the inside of finger, required stitch's and a deep cut to my wrist, and while being taken to the police station a punch to the right side of my face while my hands were behind my back in cuff's.

I have made a complaint to the IPCC, But have no faith in them, Will i Go to prison as it feels that police can get away with murder !!!!

[PeelerPal]

This is a very tricky subject as this is only your side of the story. There can be many circumstances surrounding the way of entry into your home including yyour past history and that of your sons. If the police gained ulawful entry into your property and it can be prooved by a credible whitness then all charges can be dropped and you could be entitled to some form of compension.

If the officers have been given the right to force entry into your home then they still have a legal obgligation to make you fully aware that they are police office and what their intentions are. If you feel at there has been unlawful entry and you were concerned for your family safety then you have a right to protect the wellbeing of yourself and your family by the use of 'reasonable force'. If is important that you are certain that the officers in question did not identify themselves when you answered the door. Your best bet is to seek legal advice. I hope this helps.

[PeelerPal]

In answer to your question, any offence that is 'arrestable' can carry a sentence of no less than five years but this does not mean you will automatically get 5 years in prison. If you have no background of offences similar, or if you have spent such convictions under the Rehabilitation Of Offenders act, then all of this is taken into consideration and a lesser sentence can be dished out, which can be by way of a fine,community service, or a suspended jail term.

[New Judge]

Not true, I’m afraid, PP.

Just about any offence is arrestable now, including those where custody is not available as a sentence, but that is not the point. The maximum sentence for any offence is set in law. Assaulting a PC is a “summary only” offence. This means it can only be dealt with by Magistrates and it cannot be sent to the Crown Court either for trial or sentencing. The maximum penalty is a fine of £5,000 and/or six months custody.

Magistrates’ sentencing guidelines suggest that custody is not considered until a minor, non-permanent injury is caused, and it should be considered if the offence is at the top end of the seriousness in other respects.

In the circumstances, 7everne, you would should saeek the advice of a solicitor.

[Davethedog]

New Judge isn't it a requirement that the Police identify themselves. Not offering an opinion just asking the question.

[sandyRoe]

I think it would be enough that they later said that they had identified themselves.
Who is a judge to believe, a group of officers of the law or someone they've charged with assault?

[DTCwordfan]

(i) any witnesses outside who will make a statement

(ii) your daughters views may be very important as, at that age, they do not lie.

(iii) get a solicitor soonest and repeat what you have said here.......

[Davethedog]

Sandy I don't disagree, however all I am asking New Judge who seems to be very, very knowledgable in the ways of law, if it was a requirement.

I am not doubting the veracity of 7everens account but I do know from experience that what people remember and what actualy occured can sometimes be very different. No one is telling lies they just remember it differently.

I also am aware that if the police ask for you to get someone they are unlikly to then force entry. They normaly just force entry.

[7everne]

My eldest Son who is 15, and my youngest Son who is 11 as well as my partner heard what was said and the all state that they did not ID them self, My Sons are giving everdence but on camra, If the stated that they were police i would of invited them in and be very concern what my son has been up to, My kids have never been in trouble with the police, My youngest wakes up through the night and has been left trumatised from the event. The other day a police officer walked past my youngest son and said " all-right mate " my son replyed "you are no mate of mine "
I had to tell him off and say why did you say that? He said he did'nt like the police and that they are horrible. I explained that what happened was a one off and police are your friends.
And now they have to deal with there dad going to prison.
I even phone up the police to come and have a chat with the kids to reasure them, as i do not want my kids to grow up anti police. But after two weeks no one has got back to me !!!

It justs makes me MAD that MPs can over claim on there exspences ( i say that lightly ) and after reading on the net, all the police who break the law and use heavey handed tactics get away with it, While we are all left with picking up the pieces. Sorry bit of a rant there.

[exdc]

"at that age, they do not lie".

Blimey, your optimistic.

[Messi_Ten]

"police are your friends"

Even more optimistic!

[Officer1]

Assaulting a police officer is a minor crime. As such, it can carry more or less a maximum of 5 years in prison that is, if the accused is convicted. However, by reading your case, you can have a strong case in court. Fight it out.

http://howtobecomeapoliceofficer.org.uk/

[NOX]

As New Judge correctly answered it's 6 months in the nick maximum as it's Magistrates only not five years, unless you really hurt the police person in question.
Your defence is that they did not identify themselves adequately but whether they'll take your word for it or not is another matter if it gets to court. Meanwhile you need to raise Cain in terms of compaints against them etc and get a good solicitor and try not to worry too much, New Judge has it on the money.