Please If Somebody Can Advice Me, Its First Time Being Charged By Police For Holding Somebody From Arms Because He Was Drunk. What Can Be The Maximum Sentence I Will Get If They Declare Me Guilty Of Assault ( Common Assault).

[damansingh]

Please if somebody can advice me, its first time being charged by police for holding somebody from arms because he was drunk. what can be the maximum sentence i will get if they declare me guilty of assault ( common assault).

[Buenchico]

When sentencing someone for common assault, magistrates have to decide whether the case falls into Category 1, 2 or 3 (with Category 1 being the most serious). While a custodial sentence for common assault is theoretically possible, it's only available for offences at the very top end of Category 1 (e.g. where an attacker had deliberately sought ought a vulnerable victim, such as a child, and then launched a repeated attack upon him). There's absolutely no way that a custodial sentence could be passed under the circumstances that you've mentioned.

Based upon the limited information you've provided, the matter will probably be seen as a Category 3 offence, with a fine (or even a conditional discharge) being the most likely outcome.

For further information, you can read exactly what the magistrates have to stick to, here:
https://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG-April-2017-FINAL-2.pdf
(See pages 189 to 192)

[Tuvok]

https://www.theanswerbank.co.uk/Law/Question1590782.html

[fiction-factory]

It's in Scotland- sheriffs court- Buenchico, if that makes a difference.
You still need a solicitor daman. The police must feel you did more than hold back his arms a s self defence action, but if that is all they feel you did then a solicitor will feel confident at getting this thrown out

[MallyJ]

You have been advised by quite a few people on this site to get a solicitor. I really hope that you have done this.

[Peter Pedant]

Hi daman
me again
yup get a solicitor

[EDDIE51]

I have just advised you on the original post. GET A SOLICITOR !! it will cost nothing.Phone the court and tell them you need a solicitor ,they will arrange one and it is free!
You can't do this on your own, the solicitor will also be able to arrange a free translator who speaks your language and will translate into correct English. Do it now !

[damansingh]

Yes i had already got a lawyer just want some more information. what will the credible evidence that will have weight in court? like if his friends give statement against me will that be countable in court as none of them present there when the incident happen. and no medical evidence is there as i just hold his arms and did not hurt him even. still got charged with common assault 3 counts as i hold him 3 times as he being aggressive....

[Flonska]

As you say you have a lawyer . . . why not talk through your concerns with him/her? S/he will also able to explain the process involved and ensure that you are both well prepared for the hearing.

[damansingh]

i just appointed the lawyer today and he even don't know anything about case i just give him my charge sheet. i am just worried about things so asking questions...

[mikey4444]

I am not sure what "holding someone by arms" means ?

Were you giving that person support, because he/she was drunk ?

Not sure why you should have been arrested for anything.

[Peter Pedant]

Good I am very glad you have a lawyer.
He will ask you questions and you should answer them truthfully - on AB here it doesnt matter

statements from people who werent there usually dont matter.

he will also tell you what the max sentence is from the charge sheet.

[Peter Pedant]

// I am not sure what "holding someone by arms" means ? //
oh I do - you hold his arms whilst he hollers 'let me go damn you !" and you kinda dont until the police arrive

https://www.manchestereveningnews.co.uk/news/greater-manchester-news/manchester-new-years-eve-picture-10688035

the fella showing his belly button lives near me

[Garaman]

That photo is mesmerising, it is like a work of art.

[damansingh]

mikey4444
holding by arms means he got aggressive after drinking and try to harm and i hold him by arms and he might get bruise in it and i just live down near to pub so police come 3 days after and charged me for 3 counts common assault and breach peace. i am being charged for first time so that why worried as it may effect my job as i am security manager with company....

[EDDIE51]

Your solicitor/lawyer can see all the evidence that will be used . He/she will then advise you on your best option. We on here can do NOTHING , only your lawyer can help, you need to ask your lawyer all these questions and listen to what they tell you.

[Peter Pedant]

// That photo is mesmerising, it is like a work of art.//

there is an analysis somewhere - belly-button looks like part of the sistine chapel, and the golden mean squares can be built around a smail pattern - spiral.

black outlines of the picture like Eric Gombrich does in the History of Art

https://www.theguardian.com/uk-news/2016/jan/03/like-a-beautiful-painting-image-of-new-years-mayhem-in-manchester-goes-viral