Common Assault

[Rover1111]

My partner is at court on Friday for common assault against a car park attendent in Tesco's car park. The attendent stated that as my partner drove away following a heated argument he went over the bonnet of his car. My partner states that he was stood at the side and jumped away as my partner drove away. My partner told him 3 times to get his hands off the car as he was going to leave. An independent witness (the police read the statement out to my partner) stated that he saw the attendent 'jump out of the way' when my partner drove off. The argument was following my partner waiting in the drop off pick up point for our daughter to finish work, he subsequently moved to a normal bay, and the attnedents followed him to this bay when he moved. My partner admits shouting and swearing at the attendent, although no threats were made, and the attendent has not said that he did.

[ummmm]

An independent witness said he jumped out of the way...but the attendant is trying to say your husband hit him with the car?

Any other witnesses....as you say the 'attendants' followed him to the bay?

[another-view]

He drove over the bonnet? What's he drive? a tank?

[Rover1111]

My partner was driving his car, not a tank, and the attendent made it soiund like he was in a series of the Professionals. The attendant during the inital argument when my partner was in the pick up drop off bay called a security guard and another attendent over. He moved out of this area to a normal parking bay and the parking attendents followed him. The other attendent backs up his collegues story, however the independent witness states that he jumped back when my partner drove away. My partner was read the statement when he went in for voluntary questioning, and has not had a copy sent to him.
What I wanted to know was how likely would the court be in listening to his side rather than a car park attendent, and what would any likely sentence be if found gullty. He has a assault conviction from 32 years ago when aged 17. We have just found out today he has been denield legal aid due to my earnings, and as he was made redundant last year finances are very tight. We need to weigh up the lowest cost option as we cannot afford a solictor, Also the problem of a recent criminal record reducing further employment options

[oldmaggie]

When he goes to court on friday he could talk to the duty solicitor and see what advice he gives him

[northernmonkey]

It all depend's on couple of things, the Witness, and the so called victim and if your partner has previous? I am presuming the case is being held at Mag's? Arrive about 15 min earlier than acutal allocated court time (9.45 usually?). This will help you to speak in detail with a duty solicitor, avoid being behind quite few others who are in same court, also gives you abit of credit showing that you are ontime/early not late.
What area you from.....? Just random Q, Also....when arrested wasnt a duty solicitor present during interview ect.... if so, what did he say about the possible sentcing options????.

[northernmonkey]

****Sorry didnt read post explaning details!!

Well, unless your prepared to pay for consultation before entering the court room, only choice you have is to see who is the main duty solicitor and just ask if you can have 2 mins of his time and see what he think's possible outcome if found guilty. If he has not been charged with anything whatsoever in 17 yrs, that will help but is just abit unfortunate that the charge then was assault? What was the outcome of that??

[Rover1111]

My partner was never arrested and has not been charged. He was asked to go for a voluntary interview and never had any legal advice. The policeman actually told him he wouldn't need it. This was about 6 wks after the incident. The duty solictor at the court would not see him as he has had a Legal Aid app turned down. The solictors office who made the app were at the court dealing with another case and took did the case for us. They advised him to plead not guilty as the attendent's statement has made it sound like he aimed for him, and they thought that this could possibly be a serioud charge, although the witness makes it sound like he may have knocked him slightly with the car as he exited the bay. He was stood at the side of the car which was parked in a bay with 2 cars either side. He was found guilty of assault 37 years ago when aged 17. He has never been in trouble since, and this was just an argument in a car park that got out of hand.

[northernmonkey]

What happend in court?

[Rover1111]

He pleaded not guilty and a trial date has been set for May.

[oldmaggie]

Seems to me that if the prosecution witness is lying any half decent solictor would be able to break his evidence. Dont forget it is up to the CPS to prove your guilt not you to prove your innocence