Am i going to prison ?

[Worried27]

About a week ago I got very very drunk and decided to go sort out an old dispute with a neighbour ( with good intentions ). Next thing I remember is being cuffed and in the back of a police van ( I must of blacked out ). I never knew what had happened untill I was read the "victims" statement, which said I knocked on his door untill he answered, when he did I put my hand on his chest and pushed him into his flat where i pinned him down and head butted him twice with my hand around his neck. I am worried about my previous, as 2 years ago I was cautioned by the CPS after charges were dropped for a similar offence. Before that it was about 6 - 7 years ago since my last offence. I am worried about a prison sentence because I have just established contact with my twin daughters and set up a new life. Any custodial sentence will put me back to square 1, honest answers are appreciated. Many thanks.

[Barmaid]

Have a look at the Magistrates Court Sentencing Guidelines

http://www.sentencing...guidelines_update.pdf - page 40 onwards is the bit that applies to your offence.

It is possible you could go to prison - the max would be 6 months (although you would only serve half). However, it is IMPOSSIBLE to say and only a lawyer reading all the papers can really advise. I suggest you seek legal advice as soon as possible.

[Worried27]

I like to smoke weed Mick Talbot as do a high percentage of the UK population, and thank you Donna, I already have representation as my girlfriendworks as a legal secertary.

[Worried27]

I like to smoke weed Mick Talbot as do a high percentage of the UK population, and thank you Donna, I already have representation as my girlfriend works as a legal secertary.

[Mick-Talbot]

Well I don't think you will go to prison, but you have anger management issues that need addressing. You need to think hard the next time you have a drink.
Because it looks like a simple choice to me. Contact with daughters or drink.

[Worried27]

I 110% agree with you Mike, I haven't touched a drop since this happened and don't intend to, my daughters mean the world to me and I'm so scared off losing them. All I have been able to do since this happened is think about what I did and what I could lose, which is why I came on here asking. I'm trying to get my mind straight one way or the other so I can prepare.

[lardhelmet]

It's only been a week Worried , so time will tell whether you can stay off the sauce. I left my ex cos he was a boozer and took our daughter 3,500 miles away out of harms way

[Barmaid]

Good mitigation for you would be to seek help (before it is imposed) on anger management issues, cognitive behaviour therapy and drinking. At least when it comes to sentencing you can show the mags that you are doing absolutely everything to mend your ways.

[Worried27]

Woah lardhelmet, I never said I was an alcoholic. I prefer to sit back and have a smoke than get drunk normally. It was just an occasion. Good point barmaid, thank you very much, altho the court date is set for 9:30 am tomorrow. So I'm afraid this is not possible :(

[lardhelmet]

My ex did both Worried. Just remember - family is much more important than any form of drug - trust me.

[tinkerbell23]

hi worried..i hope you get things on track i dont know if you will or not...if so like someone said b4 probs few months max...i have seen worse (then mind u dont know if the guys family say that)- HOWEVER everyone deservs a 2nd chance and i sincerely hope u can have a nice peacefull life with ur gf and your twin daughters as they need their daddy!!...probobly if you seek anger management off your own back it would be a good thing for your case? and mabye its time to look at the weed aswell as this could be causing some of your issues...im not looking down on you AT all ive dabbled myself....but mabye it will help eh!? either way i wish you the best xx

[tinkerbell23]

aww sorry just seen court date at 9:30 tomorrow...suppose holding ur hands up n pleading guilty is best option...still..i wish u luck

[joeluke]

You say you've given up alcohol so maybe it's also time you gave up smoking drugs if as you say "my daughters mean the world to me and I'm so scared off losing them"

[jake-the-peg]

Worried

Put yourself in the position of a magistrate.

Someone comes up before you who drinks so he can't remember and then commits a violent assault

He's done it before that at least twice albeit with a few years in between.

You have to ask youself is this person a threat to society?
Is there any reason to believe it won't happen again?

I'd suggest you get yourself some alcohol councilling and find something like that to give the magistrate a reason to think you're trying to change

[Sooper]

What do they base their statisics on Marijuana use on then? Maybe im being stupid but how do collate that sort of information? Im very curious as i would have thought it would be a lot higher (scuse the pun!) than 5%?

[Mick-Talbot]

Has he been locked up then?

[Worried27]

Lol Mike Talbot, no still here and rockin' on. Got the following:

12 month supervision order
12 week alcohol training requirement
100 hours community service
£75 compensation
£85 court costs

Thanks for all your answers and words of support