Assault By Beating

[Brooke123]

(Hope this is law I'm posting in to). I've been involved in an incident where I was harassed in a bar with my friends by a group of guys who were been vulgar and following us around the whole bar all night. The men had been out drinking all day before the night this all took place and the whole of that day. The bar staff told us if they gave us any trouble to let them know as the men had been idiots all night, and were clearly on drugs. Many people we knew in the bar approached us and asked us if we were ok? Because the men were been so full on. They followed us outside and I moved away inside to avoid them. Once me and the girls were all back inside together they followed us again. This time one of the big guys was leaning into me
I'm 5'2 he was really intimidating me and calling me names and fake etc, the police have said they can see on CCTV he is intimidating me. After I told him a lot to leave and said if you don't leave me alone I will have you thrown out he then said "what are you going to do you black c**t" I saw red and picked up the champagne glass with my left hand and threw the liquid at him. Then with one in my right threw all that over him too, but threw it twice and he was so close to me on the second one the procecco glass was so thin, it caught his face and smashed in my hand, leaving three cuts on his face. I was immediately thrown out and the police were rung, the bouncers would not let me leave the scene. I have been working abroad in an international school and this was supposed to be a welcome home night out from my friends. The police came, I was put in the back of the car the police were actually really good with me, and the "victim" was outside crying and laughing and falling everywhere on the street outside the bar. He was swearing behind the polices back sticking his finger up at them. A police lady came and said I'll check the CCTV out she did and told the police man I was in the van with that "she's just thrown her drink in his face, and hasn't intended to glass him as the glass wasn't held in that was to cause harm." I had to go make a statement, the "victim" couldn't as he was too drunk and said he had 10+ pints. I gave my statement without a solicitor present and just told the truth. I regret not having my solicitor present as he said this would all be over now. The police seemed as they kind of took my side as they could see what a state this guy was in I had two drinks only and has nothing good to say about him. I was placed on bail for assault by beating. They rang to go down for a caution, I went down then they made me wait in the reception for three hours. He said a sergeant above him had got hold of the CCTV and it has to go to CPS to see if it needs to go to court. I was so confused as I thought I was getting a caution, they said come down on wednesday and we will have an answer. Stressing and worrying about all of this I went down and spoke to the sergeant. He asked when I was due to go back to where I have been working and when I was coming back to the UK as a perm resident again. I told him, he released me off bail and said go back to work to finish your contract and call us once your back and we will have a decision, he said I shouldn't have been told to keep coming down as it will take a while to look into it and gather evidence, the guy has said in his statement he knew there was an argument but he didn't know what about, he said I apparently followed him (it's on CCTV who followed who). He's told the police if it was him that had done this he would be in court or prison. I feel like this guy is going out of his way to cause hassle in my life all for the sake of a bit of compensation, he has a really bad rep of going out of his way to cause trouble from people who I have spoken to that know of him. Please help with any advice if possible of what to expect. The solicitor has told me not to worry and take some comfort in the face that I've been released off bail.

[boxtops]

Several answers now on this one, brooke http://www.theanswerbank.co.uk/Adverts/Question1397792.html

[Brooke123]

Sorry boxtops, I was told to post it under law by another user in the posts. I am new to the site- My apologies.

[Buenchico]

Aaagh! I've just typed out a detailed answer on the other thread and it's disappeared! Let's try again!

'Assault by beating' is simply an alternative wording for 'common assault', which is the very lowest level of assault charge.

If you'd simply thrown your drink over the guy the offence would be classed as 'Category 3' but, because injury occurred, a court would probably class it as 'Category 2'.

Given the circumstances you describe, the lowest sentence within Category 2 would probably be applied, which is simply a fine (plus costs and a 'victim surcharge'). The worst that could happen would be a Community Order (i.e. unpaid work) but I doubt that would be made. The events that you describe clearly don't fall into Category 1, so there's absolutely no way that a prison sentence could be passed.

Face up to it: throwing a drink over someone is a criminal offence (however much that person might have been going out of his way to annoy you). You'll probably end up a bit poorer because of it but there's nothing really to worry about.

[Peter Pedant]

Good advice from Chris BC

The story is OK up to the point where you say you threw a drink in his face on CCTV

I imagine you are now lawyered up

but I don't see any leeway for getting acquitted.

I am sorry this occurred Brooke - I suppose you are worried on the effect it will have on your teaching career.

Fingers crossed

amd I wont be the first to say when the police are being really nice and understanding to you, they may er not be being nice at all.