assult occasioning abh

[stiffmister]

I have been bailed to return to police station alleged offence assult abh no charge yet.
I was in a take away and a male threatend to knock my teeth out he alos called me a **** when he turned round i hit him there times causing his nose to bleed. this was witnessed by police. As advised by my solicitor i admitted hitting the man. i have no previous what could happen next

[Buenchico]

Get your solicitor to seek information regarding the exact nature of the victim's injuries. If you broke the guy's nose, 'ABH' might be the correct charge:
http://www.cps.gov.uk/legal/l_to_o/offences_ag ainst_the_person/#P189_14382
However, if you only bloodied his nose, 'common assault' might be more appropriate:
http://www.cps.gov.uk/legal/l_to_o/offences_ag ainst_the_person/#P92_3540
(It makes sense to ensure that you're charged with the correct offence, since 'ABH' carries a much higher potential penalty than 'common assault').

'ABH' is an 'either way' offence, which means that it can be dealt with by a magistrates' court or referred up to the Crown Court. (A Crown Court can impose a prison sentence of up to 5 years, plus a fine of up to �5000). In practice your offence will almost certainly be dealt with (in a matter of minutes) solely by a magistrates' court. You'll probably be given a community sentence (of, perhaps, 100 hours unpaid work) plus a fine (of, perhaps, �300), plus costs (perhaps �80) and a 'victim compensation scheme payment' of �15.

Chris

[stokemaveric]

the sooner the streets are rid of scum like you the better..i hope they fckin hammer you.................

[donna74]

Did your mother ever tell you sticks and stones my break your bones but names will never hurt you???

Plead guilty and you wont be dealt with so harsh but next time remember the above saying!

[ummmm]

But donna....he didn't call him names. He threatened to knock his teeth out. A bit of a difference there.

[stiffmister]

I agree I should not of hit him thats why I hold my hands up! Thanks for the answers I will get on to a brief today!

[donna74]

UMMMMMMM read it again!!!!

threatend to knock my teeth out he alos called me a ****

answers on a post card what did he call him

UMMMMMM a nice man i dont think so

ummmm read before passing wrong comments

[ummmm]

And where did I say anyone was nice????

Threatening to knock someone's teeth out is on a different scale to just calling him a ****...

You seem to be getting a bit aggressive yourself...!!!!

[stiffmister]

a C***

[donna74]

UMMMM no you should read the question b4 passing comment you are Supposed to come here to give advice on the question, which has been asked not comment on other people reply�s . at least I offered the man advice to plead guilty that way the judge will not be so harsh on him

[ummmm]

Don't tell me what I'm suppose to do. I know perfectly well how to use this site thank you.

UMMMMMM a nice man i dont think so

^^^ read answers properly as I didn't say anything about anyone being nice.

Now toddle off and annoy someone else.

[donna74]

Even if someone is Threatening to knock someone's teeth out and calling him a c****
He should have walked away and called the police we cant go around taking the law into our own hands
Just because he was threaded the man in question did not hit him

The man who asked the question is holding his hands up now buy saying yes I am to blame
So good on him and I�m sure he will have learnt his lesson

[donna74]

UMMMM whats wrong cant read again i said answers on a post card!!!!

you need to use this site right and stop going around having ago at people who make comments on here!!!

GROW UP

[stiffmister]

Donna 74 thanks for the advice in hindsight yes i should have walked away i know that. i havey learnt my lesson already am not looking for to going back to the police or court but i accept responsitlty. but it did not just happen! an un provoked attack!

[donna74]

there are some nasty people out there and you was in the wrong place at the wrong time

if you explaine all this in court you may just get community service and a small fine hope they are not to hard on you

good luck
and hold your head up high because we all make rash jugments at the wrong time x

[garethjamess]

Hi,

If he said that he would knock your teeth out, this too is Common Assault under case law and equally he should be charged with same. The question as to whether you will be charged with ABH is sketchy; it seems that if his nose is not broken what you did can only really amount to common assault.

[terambulan]

Once you admit to the charge - that's it, case over & you're guilty = police record! I think your solicitor gave you the wrong advice but that's water under the bridge now.

Had you not admitted to the charge you might have got off with 'self defence' = charges dropped. Now you will have to reveal this to your employer and future employers for life.

If there is any way of withdrawing your guilt, take it & clear your name.

[stiffmister]

Is there any point deing the fact that i hit this man? it was witnessed by cctv, police officer and a full takewaway! i do however feel my solicior full advised me! I have an appointment this week to see one.