First time offence..Outcomes?

[sillymistake]

im on bail for 1 count of assault after i punched a girl and one 1 assault section18 when i smashed a glass over my ex patrners head.. i have never been in trouble before..will i go to jail?

[MarkRae]

Section 18 offences incur a MINIMUM custodial sentence of 4 years. The judge will have no choice but to adhere to this - mitigating circumstances will be of no consequence.

So, yes you will...

[society]

I suggest you enrol in anger management therapy and remember to tell the judge of this.

[MarkRae]

Irrelevant: http://www.theanswerb...l/Question850927.html

[sillymistake]

thanks for the replies.. im just wondering why the hell my solicitor is telling me i definately wont get sent to jail and that i will just get probation and community service.. Im 21 and a single parent. I was drunk when this happened and have contacted an alcohol bail worker. Is there anything i can do to stop myself from being imprisoned???

[Garmard]

My daughter is a sergeant in the force and she just said you may(and a very little may indeed) be given a suspended sentence of up to 4 years depending on the circumstances..........May i ask, has this been passed to the Crown court?

[redcrx]

pray that you get found not guilty?

first time offence means nothing. Do you think murderers get away with community service if its the first time they've killed anyone?

[sillymistake]

Thanks for giving me a little light at the end of tunnel Garmad.. It only happened last thursday and i was locked up til friday night and my solicitor told me to answer no comment in the interview so i did. They have sent the cctv footage off to be cleaned up.So have bailed me till the 16th of july.. Ive never been in trouble before so i havent a clue how the system works. and I dont know whats going to happen next

[Nosha123]

aside from your impending punishment.. I think you seriously need to grow up and if alcohol makes you uncontrollable - you need to avoi it.. WHat kind of example are you setting for your child.. or are you hoping they turn out like you!

Dont meant to sound harsh - and I'm sure life is hard as a single parent - but too many people have no values these days and that is why society is such a mess.

You need to be punished to deter you from doing this again - learn from your mistakes for gods sake!

[sillymistake]

Thanks for that nosha, I do no what i did was wrong and totally out of order. Amd no i deinately do not want my son to end up like me. I have never done anything like this before in my life. Ive just finished studyin and start a new course in september. So this is out of charecter for me.. I havent been taking my antidepressant tablets for about a month as i thought i wa sstrong enough to take myself off them.

[bednobs]

can i just be clear what you have been charged with? Is it GBH section 18? if so, it is nearly as serious as attempted murder

[Garmard]

Just listen to your brief silly and do exactly as he says, don't absorb any comments from here as it will make you ill with worry.....Good Luck!

[sillymistake]

on my bail letter it says i have been bailed with the charges of assault and assault section18 OAPA

[dh001]

What injuries were sustained during thyis attacked?

[dh001]

bednobs, she hasnt been charged with anything yet.

[dh001]

oops my mistake sorry

[sillymistake]

the girl got a swollen lip and pain to lower jaw and loosend bottomn teeth.. and my ex patrner had two 2cm cuts to back of his head taht required 4 stiches in each

[dh001]

but have you been formally charged with Sec 18 Assault and bailed to court on 16 July or have you been bailed to return to the police station on 16 July?

[sillymistake]

i have been bailed to return to police station on 16th july

[New Judge]

Section 18 offences carry a maximum of life imprisonment. However, the judge is NOT bound to impose a minimum sentence of four years as suggested by MarkRae.

The earlier question to which he provides a link includes a very useful answer from Chris (buenchico) and he provides a link to the sentencing guidelines. There is in fact no statutory minimum sentence. As Chris points out, the guidelines suggest a minimum of three years (for a first time offender found guilty at trial). However, the judge has discretion to depart from the guidelines provided there are good reasons and those reasons are announced in court.

[dh001]

HI sillymistake

Ok so you have not been formally charged as yet. Did you admit the offences during police interviews and were you legally represented at the police station.

For your info, the police will obtain sufficient evidence and information to present to the Crown Prosecution Service (CPS) for a decision whether to charge and if so for what offence/s.

The reason i asked about the injuries was becuase it did not appear (on the facts you disclosed) that this would amount to the very serious assault offence of Sec 18 GBH w/i, but for various reasons the police usually arrest for this offence if any weapon such as a glass is used (police playing with their performance stats in their favour and poorly trained officers).

I am afraid it is a waiting game but if you wish to receive any advice or guidance on here you will have to disclose the full facts of the offence such as the motive etc.