i HAVE BEEN CHARGED WITH ASSAULT ON A UNIFORMED POLICE OFFICER WHILE DRUNK.

[NICKYLOU1978]

i HAVE BEEN CHARGED WITH ASSAULT ON A UNIFORMED POLICE OFFICER , THE ONLY PREVIOUS CONVICTIONS i HAVE ARE DRUNK AND DISORDERLY AND BREACH OF THE PEACE INCLUDING FINES AND CONDITIONAL DISCHARGE. WHAT SENTENCE AM I LIKELY TO GET FOR THIS PLAEASE?

[dotty.]

6 - 12 months

[dotty.]

but he's only serve 6 - 12, if he pleads guilty at the first opportunity he should get less than 18

[dotty.]

If he isn't the previous convictions should have given him some pointers

[dotty.]

sorry for assuming you are male, you may well be female in which case, 6 - 12 months

[New Judge]

I’m afraid the earlier answers are incorrect.

Assaulting a PC (providing it is Common Assault and not the more serious ABH or GBH) is a “Summary” offence. This means it can only be dealt with by Magistrates and the maximum sentence is six months custody.

Magistrates’ sentencing guidelines indicate that custody should not be considered unless the assault results in minor non-permanent injury. Even then the suggested range extends from a fine to a maximum of 18 weeks custody.

[dotty.]

so when I said 6 - 12 months I was incorrect?

[Twenty20]

Perhaps there should be an additional sentence for SHOUTING?

[New Judge]

Yes you were dotty.

Six months is the absolute maximum. Few defendants receive the maximum sentence for any offence of this nature, particularly if they have no previous convictions of a similar nature. Additionally if they plead guilty they must receive a third off and as I indicated Magistrates' sentencing guidelines suggest a sentence considerably lighter than the maximum..

[NICKYLOU1978]

THANK YOU. WHAT IT WAS IS THAT THE DAY IT OCCEURRED I HAD BEEN TO MY GRANDFATHERS FUNERAL(HE HUNG HIMSELF). i WAS DISTRAUGHT AND TURNED TO DRINK. pOLICE WERE CALLED BY MY NOW EX PARTNER FOR THEM TO REMOVE ME FROM OUTSIDE HIS PROPERTY. I THEN KICKED THE OFFICER IN THE GROIN AND HE WAS OFF WORK FOR SEVERAL DAYS. i WAS CHARGED 2 WEEKS AGO AND DUE BEFORE COURT ON 7TH APRIL(UK MAGISTRATES0. i AM NOT KNOWN AS A VIOLENT PERSON AND TOTAL HAVE REFERRED MYSELF FOR ALCOHOL COUNSELLING. i HAVE NEVER BEEN CHARGED WITH ASSAULT OR ANYTHING SIMILAR BEFORE AND AM WORRIED XX

[Red_John]

try not using caps!

[sir.prize]

http://www.theanswerbank.co.uk/Info/Rules/

Please refrain from adding emphasis in CAPITAL LETTERS as this indicates shouting and is considered rude.

[factor-fiction]

Dotty- I think newjudge would say'up to 6 months' is a better description than 6-12 months (or indeed 6-999 months) since it can't exceed 6 months.

[dotty.]

as an estimate though it is in the ball park

[New Judge]

Let's not quarrel dotty.

NickyLou asked what sentence he is likely to get. Six months is the absolute statutory maximum, so the very lowest end of your estimate is a possibility. However my explanation takes into account the Magistrates' sentencing guidelines. If NickyLou pleads guilty (and we don't know that he will) he cannot receive more than four months, and in all probability he will receive considerably less than that.

[NICKYLOU1978]

Sorry for using capitals, was rushing...and yes I am female and yes I am pleading guilty x