Help!! My boyfriend has been charged with ABH and is due in magistrates court in 3 weeks!

[pokadot]

Please could someone give me some answers. I am so worried that my boyfriend will end up in prison. he is 23years old with no previous convictions. He has a good nature and also I good job.

Basically, 4 years ago I stupidly cheated on my boyfriend but I was only 18 and things were not as serious then. Anyway, My boyfriend was told 2months ago about this and was obviously upset. We managed to talk through things and decided to move forward.

One night I was round my friends house having a few drinks. I called my boyfriend and invited him round with his friend. My other friend said she was going and we all said goodbye. 10mins later she came back upstairs( flats) and she was covered in blood. She had been beaten up by her boyfriends sisters. The boy who I cheated on my boyfriend with was also there as he and my friends boyfriend are friends. I panicked knowing that my boyfriend was on his way and knew there would be some sort of trouble as everyone had, had a few drinks. I text him to warn him but later found out his phone had ran out of Battery. When I went downstairs I saw my boyfriends friend and the other party who had came round my friends to cause trouble.

I couldnt see my boyfriend and then panicked. I then noticed him in the distance and ran up to him, which then drew attention to him. Then next thing i knew him and the guy I had cheated on him with were fighting and my boyfriend started to kick him. The police then pulled up and caught my boyfriend. He didnt resist arrested and held up his hands. There was also a bottle on the floor and he claims it was put over his head.

My boyfriend was arressted and I didnt speak to him till the next day.

When I did speak to him. he said he was was attacked by this other guy first and he ran off, he got back in the taxi who had dropped him off. The taxi driver drove round to a phone box and my boyfriend called the police. My boyfriend stupidly then came back and thats when I drew attention to him and they started fighting again. My boyfriend was bitten in the face and was taken to hospital that night when he was arrested, pictures were also taken. The other guy I believe had stitches.

My boyfriend and his friend were the ones who were arrested as that's who the police saw on top of him when they turned up. They did not arrest the other guy even though he bit my boyfriends face.

My boyfriend was advised by a solicitor to do a no comment interview which obviously meant who could not tell the police he was attacked first and he was the one who called the police. Also there would be a taxi driver who could be an independent witness.

My boyfriend was released on bail and yesterday he was charged with ABH and due to attend a magistrates court in 3 weeks.
This whole situation is a mess and probably sounds very confusing. I am very worried that my boyfriend might end up in prison and or lose his job that he has worked hard for.

I feel sick as I feel this is all my fault for a stupid mistake that happened when I was young and stupid.


Please can someone shed some light on what the outcome maybe. I am worried sick.
Thanks

[tinkerbell23]

Might work in his favour not having convictions x

[Philtaz]

As tinks says, his previous good character will stand him in good stead. Furthermore, the statement of the taxi driver may prove that the situation was not all one sided, along with the pictures of the bites etc.
Either way, I wouldn't fret too much about it, I doubt he'll be getting a stripey suntan (custodial sentence) but will in all probability get a fine, if it does indeed go that far.

[Buenchico]

When sentencing in assault cases, courts must take into account both 'harm' and 'culpability'. If both are assessed as 'low' (with regard to ABH) a custodial sentence is not available to the court. (The usual sentence would be a community order). If one factor is 'high', but the other is 'low', a custodial sentence is a possibility but a community order can also still be passed. (Courts generally try to keep first time offenders out of prison, wherever possible). It's only where both factors are 'high' that custody is effectively a certainty.

Based upon what you've written (and assuming an early guilty plea), a community order is by far the most likely outcome. (i.e. it's highly unlikely that your boyfriend will be sent to prison).

If your boyfriend has been with his employer for less than a year, he can be dismissed for any reason whatsoever (or even without any reason). Thereafter he can only lawfully be dismissed for something which happened outside of work if that event affected his ability to do the job. (e.g. a teacher could be sacked for an ABH conviction because parents would lose trust in him but a Tesco shelf-stacker couldn't lawfully be dismissed for the same reason).

Chris

[pokadot]

- He has been in his job for over a year and he has not had any days off yet due to this.
- I have also been told by my friend that the guy who my boyfriend is bieng charged for abh on is more than likely not going to attend court. Im not fully aware of this thou. Can they be made to go to court?
- I do not understand why he wasn't also arrested???

[pokadot]

no it has not?? please find it and repost

[mike11111]

Buenchico has restored my faith in human nature. As an ex-teacher I can now confidently apply for a job at Morrison's, secure in the knowledge that I can kick the sh!t out of the little b@stards whilst my job remains safe.

[ojread2]

what about the girl covered in blood?

[m0xom]

"..... if you fail to say something that you later rely on in court, it could damage your defence". You were given bad advice by your solicitor. I have seen this happen before and your boyfriends defence is now very weak. If he was attacked first, then why did he not say this at interview?

[pokadot]

my friend covered in blood did tell the police but they have received NFA.
I know I dont know why the solicitor advised my boyfriend this? My boyfriend did a no comment interview as he has never been in this situation before.

[beso]

This in NOT your fault. Your boyfriend chose to attack the man you slept with many years ago. He got himself in this mess by his decision to use violence.

Why did he not bash you since you willingly participated in the same event that he thought justified beating the other guy? Personally I would dump your boyfriend.

As others have said, his defence is very weak because he did not accuse the other guy of attacking him first when arrested. Moreover it would seem far more likely that your boyfriend would have attacked first given the circumstances. The other guy had no reason to hit your boyfriend.