section 39 common assault and resist arrest

[stokeyshaun86]

my wife went a ladies night and 10 or 15 girls jumped on her.i had a phone call so i went down and ended back handin 1 of the girls infront of the police so 4 police officers jumped on me and beat me up.i went guilty to the assault at my first court date but not guilty to resist cus i didnt have chance to resist.so they ajourned it for trial on 5th may but but ive told my solicitor im goin guilty because i want get it over and done with so the court have brought it forward and its this friday 26th march.i have only at to go court ounce before for common assault and that was 10 years ago.ive got 2 kids with 1 on the was and me and my wife are fostering my wifes nephew and neice.my solicitor as told me be prepared for prison because the judge will act on it seriously.what do you think??? thanks

[northernmonkey]

Has your solicitor not said whats likley to happen.

As it's Assault, you will probs get a suspended sentence or Conditonal Discharge. As for the Resisting arrest, It would not be enough to warrant a Custodial sentence, maybe a fine?

[stokeyshaun86]

the reason i hit her was because i was angry at the time but it was a bad mistake.my solicitor thinks ill get community service but she as told be be prepared for a prison sentence because the judge will act on it seriously.we are fostering for the athority and they have said we are doin a really good job with the kids because they are well looked after and are at no danger and are doin very well at school and they are changed kids because they have had a bad life.i new the police were there but i was angry and did it because she started it with my wife.i have never hit a women and always said i never would but i lost it and shouldnt of done it and ill make sure i dont do it again because its fooking wrong.what can i do cus its done now.if i could turn back time i would think wot im doin instead of goin off it and losing it

[ummmm]

10 - 15 people jumped on your wife. Was she badly injured?

The woman you hit...was she badly injured?

[stokeyshaun86]

it started because 1 of the girls called my wifes m8 a *** and my wife said you better watch who your calling a *** so the girl swung at my wife they all the others jumped on cus my wife was getting the better.out of 10 or 15 of them my wife got the better of 5 of them when they were on her

[stokeyshaun86]

just a red mark on her cheek.all 4 police have give different statements 1 sed her head hit the wall / 1 said her head hit the window / 1 said she went to the floor and the other said her head hit the window and went on the floor but she said in her statement her head didnt hit the window / her head didnt hit the wall and she didnt go on the floor but i went guilty anyway because i did hit her and it was wrong

[stokeyshaun86]

the social services no all about it and they no it was a mistake and they are more than happy about the kids staying with us because of the good progress they have made since they have been with us but its goin to the foster panel on 31st march to see what they think but our social worker knows that the kids arnt at risk and they are well looked after and she as put a good report in for us.so we will have to see what goes on.thanks for the comments

[stokeyshaun86]

ill see what happens friday and if i dont go prison ill let you no how i went on and what i got thanks

[stokeyshaun86]

its section 39 common assault.they are saying (battery)

[dh001]

Hi Stokey, Whereas i understand some criminal charges are worthwhile contesting in court, i would not consider 'resist arrest' to be one of them, particularly in this case as there are four police officer witnesses who are stating you resisted being arrested for an offence of violence. Also, the offence of resisting arrest is very straight forward and easy to prove. (Case Law also makes the offence easy to prove).

For reasons above I would be surprised if an experienced Solicitor did not try and get the charge of resisting arrest discontinued on a 'plea bargin' for a guilty plea against the index offence of assault and if rejected by the Prosecution, advise you on your chances of being found not guilty and losing the 30 % reduction available in sentencing.

Anyway, sentencing for the offence of resist arrest is commonly the higher end of a Community Punishment Order and a fine but this will obviously be effected by the sentence for the assault that you have pleaded to (are you still awating sentencing for the Sec 39 assault).

You need good mitigation before you are sentenced and hopefully your solicitor has discussed this with you. It used to be common for Police officers to receive letters of apology from defendants going to trial which included resist / assault police charges who would be advised to do so by their defence solicitors so they could use this as mitigation in cour prior to sentencing !!!!.

[dragongiraffe]

Hi Stokeyshaun; I wouldn't have a problem about going to Court with this - Im not being "sarky".
But, if it were me, I'd be binning the guilty plea; binning my solicitor; defending myself and tell exactly what happened.
Your'e getting more "grief off your brief"!

[karenmac60]

I don't know much about the law, but did you say you have a child on the way? Surely this could count as mitigating circumstances if your wife is pregnant and was being attacked by all these women?

[northernmonkey]

Well, you are up in court on my Birthday, I hope all goes well for you

[stokeyshaun86]

im up for sentence on friday 26th march this week.my wife wasnt pregnant at the time cus shes only bout 5 or 6 weeks.i pleaded guilty to the assault at the first court hearing so hopefully that will go good for me but i didnt to resist cus the police beat me up and bit me on my arm.i had a bruise on the top of my leg which was about 5 or 6 inch all around and bruises all on my arms and everythin.i got in contact with stafford headquaters and a inspector came see me and asked me if i want go formal or informal.informal is where they will have him in and give him a warning and formal is take it all the way so i said ill go formal cus its wrong biting me arm.they took my jacket for foresics for DNA but he will get away with it cus they always do.ive got a holiday booked in menorca on 17th may so i went guilty to resist to get it over and done with so im just hoping i get community service.ive got a few references of ppl i no like my nan is disabled and she got a mobility car for me so i can take her doctors and hospital appointments and shopping etc

[dh001]

HI stokey, in addition to your previous post regarding the complaint against the police officers.

If the officers deny any wrong doing and you plead guilty or are found guilty to resisting or obstructing the arrest then your complaint is pretty much invalid.

[stokeyshaun86]

i no my complaint will be affected but i just want get it out of the way m8

[bednobs]

TBh it's all a bit confused - i don't understand why the police would bite you and beat you up if you'd have simply gone along with them when asked

[bednobs]

true although it seems like a lot of extra hassle to go to the trouble of biting someone who is behaving in a calm and ordered manner in order to fulfil some macho fantasy. What i'm saying is, i guess if i see it like this then so might a judge!