Charged with GBH section 18, will I go to prison?

[Stom]

Im being charged with section 18. I've got no previous but I hit someone with a baseball bat and broke their arm in five pieces. They're saying I was aiming at his head, so its more serious, and I hit him four times. There was loads of provocation though, it was a longterm feud for over a year and he came to meet me when I did it.

What punishment do you think I'll get? Will I go to prison?

Any answers much appreciated. Thanks!

[puddicat]

Stom where do you live? my son was up last week for a assault to injury and pemanent disfigurement

[Stom]

live in london. Why?

[puddicat]

We live in scotland maybe slightly different dont know, doubt you will go to prison what does ure lawyer say? is this ure first offence, its a serious charge though was there migating circumstances

[Stom]

Yes mitigating circumstances were he was harrasing me for a long time, he even punched me a few weeks before. Lawyer doesn't really say much, sort of sits on the fence. Was your sons offence gbh? What was outcome?

[puddicat]

think it was gbh very serious ripped the guys ear, so much more to this story, so a jury and closed court abh and gbh a very broad spectrum, so stressed but he was found innocent 8 out of 10 in his favour, dont think it will be prison maybe the worse case scenario being community service, what about witness in your favour, it appears extreme provacation towards you!

[cherrypoker]

Very true. I've known people get 18 months for manslaughter and between 6-8 years for a section 18.
Like Wizard66 said, it very much depends on which judge you get, if it goes to trial you have a jury so it's a lot worse if they find you guilty.
Speaking to your barrister for advice is the best option as he may be able to get you a plea bargain.
Good luck!

[helpmetoo]

get your soap on a rope mate,

unless the scrap was in a sports store and the bat was just to hand for self defence it was premed,

[Golf38]

There's no dount here that custody is a very real possibility, in fact liklihood I'm afraid.

The aggravating factors appear to outweigh the mitigating on what you've said so far:

Extensive injuries, several blows, weapon slection.

The provacation will be mitigating but to what extent depends on the history.

I'll be honest -I think you'll serve time for this.

[Stom]

Ok well thanks for the honesty golf and helpme. How long do you think? It is first offence and the guy was basically stalking me for a year. What other options are there for the judge apart from custody? It wasn't in a sports store either, or at a baseball match unfortunetly.

[Carrac]

other options are a suspended sentence or community order. But it does depend on the judge and your pre sentence report, (if you probation officer thinks you have a high risk of reoffending etc). Get some references from your neighbours, employer and anyone you know who has a standing in the community. try and get as much good character in before the sentence hearing. i would reside yourself to the fact that you will go down, if you dont then it is a bonus, but i wouldnt book any holidays if i was you. Sorry mate.

[sir.prize]

If you wre in the street and don't have a good reason WHY you were carrying a baseball bat - I really don't know what to say . . .. .. except you should know better.

[Drisgirl]

Sorry to say Stom -I agree with Wizard - it depends on the judge you get -when my husband was up in court recently for assault -the junkies were in each case given deferred sentences and all the chnces they could get -you just knew they were thinging thank eff I got him.
My husband got a large fine and a compensation order -to me as it happens and told he would get a custodial if it happened again.
If you dont want this sugar coated -in Scotland (different judicial system thats where puddi was coming from) you would get 18months (I think) as you had the baseball bat in your possesion so that was 'with intent' - they dont really go down the road of previous aggro -we all have that in our lives but we dont go about with baseball bats -see where im coming from -Devils Advocate here - so you would be looking at jail -or if ou are very lucky a suspended sentence.

I think you'll get the jail tho pal -sorry -but prob not half as sorry as the guy who has probably been maimed for life.

Take your bitter pill and swallow it -lesson learnt -hope for your sake !!

[lajohn]

the mind is weak and sometimes let temptation get the better of us.

[Stom]

Thanks for the philosophical one there lajohn! Drisgirl are you sure they don't care about aggrivation? He wound me up so much, that seems unfair, and then I probably will go down cos it's the amount of aggrivation which is my defence???

[Golf38]

Stom,

The sentencing guidelines for GBH (which I've just double checked) stipulate quite clearly that provocation IS a mitigating factor - your barrister will be well aware of this.

[Drisgirl]

Stom -you had a baseball bat in your possesion -not for playing baseball.

I cant side -but you ultimately did the dirty -even you must be sick you inflicted those injuries -supposing you hated the man FFS.

You are posting cos even you think you could go down for this -regardless of previous -you overstepped the mark -you didnt punch him back- you broke his bleeeding arm in 5 places and you expect to get off light.

Sorry -dont think so.

I know there is history -but at the end of the day you went to meet him -armed with a baseball bat -go figure what the courts will think -and the ultimate outcome !!
I

[bonerjones]

sorry me old mate bin through it ,no matter what reason you had for hitting him your guilty.They don't wanna know why.You can talk till blue in the face ,try to make excuses,they don't want to know.
Put your hands up at the earliest oppertunity .Bite your tongue write a letter of appolagy give it to your brief.No previous is in your faver.Just hope the judge is a women and fancies you .All the best .Let's hope you don't have to do porridge

[Stom]

Did you go to prison jones? How long for? What did you do?