abh domestic voilence

[rimirza]

hi my husband has been charged with an abh we had a lil argument which really got out of hands...he was in magistrates court today and he has pleaded guilty they have told him the matter is going to crown court on 8th feb for sentencing can anyone tell me what he will get as its the 1st time he's been charged and we have 2 kids together...i know what he did was wrong absolutely wrong but still i,m worried wuts gonna happen now thx

[New Judge]

If the magistrates have sent him to Crown Court it means they consider their powers of sentencing (6 months custody) to be insufficient.

[joolesbee]

If he pleads guilty & has no previous convictions he may get a conditional discharge where he will make an undertaking not to be arrested/come before the court for a period of 12 months (this can be extended by the Judge). If he has previous convictions he may get community service order where he has to pay a debt to society by doing unpaid/voluntary work supervised in the community by the Probation service. If you are going to attend with him you may be able to speak on his behalf. assaults are taken very seriously, especially where children are concerned. Perhaps he can go on an anger management course? His solicitor is best placed to advise him on possible scenarios. it is a first offence so the judge may be lenient if he is contrite and you are supporting him as this is a one-off. The maximum sentence at Magistrates Court for ABH is 6months impt. The max sentence at Crown Court is up to 5 years impt.

[murraymints]

May be a wake up call he needs ?

[joolesbee]

First offence judge may be lenient especially if you also attend and support him . His solicitor is best placed to answer the possible sentencing scenarios. Assault is taken seriously. If lucky he could get an absolute discharge (no action/sentence) but this is probably unlikely as police have taken this to court. he could get a conditional Discharge, eg undertakes to not come to police notice or before the courts again for a period of say, 6 months. Or may receiev Community Servcie Order (pay back) supervised voluntary work in a community setting for so many hours. At lower court (magistrates) the max sentence for ABH S47 is 6months...at Crown Court the max sentence is up to 5 years....depends upon leniency of judge and circumstances of the assault. Speak to your solicitior asap. Hope this helps. perhaps he should offer to go on an anger management course, this may show responsibility on his part. Good Luck

[New Judge]

Contrary to what joolsbee has said, the likelihood of an Absolute Discharge is non-existent and the possibility of a Conditional Discharge for ABH is extremely unlikely. Even at its least serious, sentencing guidelines suggest a High Level Community Order. You will see that from the guidelines (page 26 of this document):

http://www.sentencing...pdate_1__2__3_web.pdf

The fact that the magistrates have sent the matter to the Crown Court for sentencing suggests that they consider this matter to be beyond the lowest level of seriousness and beyond their sentencing powers of 6 months custody. The fact that this took place in a domestic context aggravates the matter considerably.

You will not usually be granted audience in the Crown Court but your husband’s barrister can convey your support to the court in mitigation. This and your husband’s previous clean record may be enough to persuade the judge to impose a suspended sentence. If he does this will be accompanied by one or more requirements. These may include unpaid work or supervision by the probation service.

[rimirza]

thank u for ur answers well i dont know abt going to court because he is on bail and on conditions that he cant contact me or the kids..abh was given cuz i needed medical treatement got 3 stitches on my nose..the matter went to police although i did not press charges police took it to court ...i gave a statement which when i was really emotional and angry and said stuff which i should,nt have cuz i never imagined this could happen i thought they will keep him away for a while warn him and he will get a lesson he has pleaded guilty ...is there a way where i can tell the police abt my statement..plz help

[bednobs]

tell them what about your statement? That you lied, or are lying now?

[rimirza]

no he is never been cautioned or warned before clean record....i,m so worried as its a big impact on my kids why they have to suffer he is an excelent father ...plz suggest can i do any thing to help his sentence reduce...what if i go back to police and tell them i need to change my statement.....or anything else

[pink-kittens]

it's always the children that suffer in these sorts of situations
Is it, truthfully the first time ever he has been violent? Personally, and I know it's very easy for me to say this, he deserves to go away. Not just because he hit you but because he has children.
You pleading in court for him to be 'let off' or given a less harsh sentence will only let him know he can do it to you again, and believe me when I say that he will do it again
Support him if you must but do it from the safety of your home and don't turn up in court begging the judge under some misguided thoughts that your husband is different, he isn't. Make him prove to you he has made strident efforts to change (like anger management, couselling etc) and not just for a few weeks but months and even over a year

I don't think the full story has come out yet

[rimirza]

pink kittens thankx for answer well my situation is so different i dont have any family in uk and when i gave statement to police i had no idea i just stupidilly thought that it was just a chit chat and just pouring my heart out cuz never knew anything like this ....first time i spoke to a police officer and becuase i thought they will sign a statement from me as i did not press charges so i exxagerated on some things every couple have disagreements we did too and i blamed all things on him which i regret now .....i just have him and never stayed away from him ...plz tell me where i stand do i contact a lawyer ...police tell my case worker .....will i be allowed to go to court and plea in front of judge or do i write a letter to him my life will be ruined..

[bednobs]

"You will not usually be granted audience in the Crown Court but your husband’s barrister can convey your support to the court in mitigation"

[bednobs]

that was new judges answer by the way

[bednobs]

Aslo you say "your life will be ruined". HE has done this, so if your life is ruined you need to see thsat it is his fault. You also say your kids don't deserve this, but again what your kids don't diserve is to see their mum beaten up by their dad over a small arguement

[rowanwitch]

Are you being put under pressure by your family or his to try and get him a better deal? if so there are support workers available..to help you stand up to them contact your local social services department if you feel you need advice.

He Hit you...he deserves to be punished and you and your children deserve better.....

[rimirza]

no no pressure at all ....as i told u it was just a one off.......and i,m all alone in this country always been dependent on him by choice he is a good husband ...to err is human....i know and he knows what he did was wrong and thats why first time this happened and i told everything to police and so did he he pleaded guilty is ready to do whatever the authorities are asking.....just please tell me when the matter was in magistrates yesterday they sent it to crown and what i heard is on the basis of my statement is it possible and what can i do as i told earlier i over reacted about some things ..............

[sara3]

I suspect you didn't over-react. I'd be furious/upset if my husband smashed me in the face, resulting in stitches. you said it as it was at the time. the facts remain the facts.

[pink-kittens]

as sad as your story is rim. I agree with bednobs, your life will only be ruined by him if you let it be.
You have 2 children so there must be other people you speak with even if it is only their teacher. Is there a Surestart centre where you live? Is there another parent at school/nursery you could ask back for coffee and get to know? There will be your GP to ask for help in moving on with your life. Victims support can help too

Get a positive mental attitude and take the first small step to helping, not just yourself, but your children become stringer and more independent of your husband

FWIW I think you have done exactly the right thing

[bednobs]

do you have family in your home country? Perhaps it might be better to go back and start a new life there rather than being so completely dependant on your husband