Hi, I need some advice as I can't think of anything else.
My partner was in a nightclub. He was pushed and his ankle each injured. He pushed the guy back and they all got thrown out the club. They all meet up again round the corner. My partner was talking to a guy when he got jumped from behind. Next his friend ran up and hit the guy in the back on the head who had my partner in a head lock. This caused the friends bone to pop out his hand. As the friend followed through with the punch his bone went into the check of the person my partner was talking to. While on hospital the friend told police and the person who was hit that my partner did it. He is now going to majestrates for afray and crown for gbh for something he didn't do. The key was taken at they thought this is what caused the injury but it came back without anything on.
Can anyone please advise what we can do or what we can expect.
Thank you
If I am reading your account correctly,your friend pushed another man because that man had you in a headlock. Then he followed up the push with a punch that put the man in hospital. Sorry, but that is assault/affray. Your partner has self defence as mitigation, but it does not justify the assault. GET A SOLICITOR !!!.
Sorry. Don't think I explained very well. My partner was in a head lock and his friend punched the man who had my partner in a head lock and then punched another man who ended up in hospital. My partner didn't throw a punch. He was trying to get his breathe back. The friend had told the police it was my partner when he knows it was him
Yes Eddie is correct. GBH is a serious offence which, upon conviction and almost without exception, results in a lengthy custodial sentence.
Nobody on here can tell you whether your description of the event will result in a guilty verdict so it's pointless going into the details.
Just on a point of order, you say that the Affray matter is being dealt with in the Magistrates' Court and the GBH in the Crown Court. Assuming these two charges result from the same incident (or a closely connected series of incidents) they will both be heard in the same court.