Please Help! Will I Get Sent To Prison?

[LottieSpencer]

Okay so I know I have made a big mistake here.

I went out with my friends the other night and we were all drinking and getting high a bit. We had a really good night and we were on our way home about 4am. We were messing about a lot and I guess we were being really loud and stuff. We got stopped by the police and me and one of my friends tried to run. The cops stopped us and I don't know why I did, but in my panic I headbutted the copper in the face. To make matters worse they found about a quarter of weed on me. I don't think I hurt him too much but now I am in trouble for possession and assault with intent to resist arrest.

I'm not the kind of person who usually does this stuff, although I have been arrested when I was 17 for possession of weed, but I got a warning. I'm 20 now, almost 21 and I haven't done anything since.

I just don't know what to do. I'm so worried I will go to prison.

Do you think I could get another warning or will I get done this time?

Please help

[Buenchico]

Stop worrying. I can't see the assault being regarded as 'Category 1', which excludes the possibility of a custodial sentence. See here:
http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/assault_with_intent_to_resist_arrest/

Despite the Government recategorising Cannabis as a Class B drug (rather than Class C, as it was for a while), courts generally continue to regard possession (without intent to supply) as a minor offence.

You'll just get a Community Order (and possibly a fine) for the two offences together.

[jeffa]

With no disrespect to Buenchico here, you REALLY REALLY REALLY should be asking this question of your legal representative.

[stuey]

I am not at all familiar with UK law, but surely assaulting a cop ("headbutting") would be of more import than the possession of weed.

[LottieSpencer]

Thanks for your answers.

I am meeting with a solicitor next week so I will speak to them about it. I just can't stop thinking about what is going to happen to me so thought I would ask here too.

[New Judge]

Yes you are quite right, jeffa. But Lottie has obviously posted on AB to set her mind at rest before seeing her brief. And in any case, Buenchico's answer is spot on, given the info that Lottie has provided and her brief will only advise her of the same facts as he or she will be referring to the same sentencing guidelines. I would add that I would not be at all surprised if the charge is amended to Assault on PC (which is a less serious offence carrying a maximum of six month's custody) if Lottie's brief does a little negotiating with the prosecution and can guarantee a guilty plea.

There would be far fewer questions in the "Law" section if everybody waited to speak to their brief. :-)

[Svejk]

there'd be far fewer trials if 'they'd' only listen to Answerbankers. ;-)

[Robbie81]

You might go to prison you will have to wait and see.

You need to deal with what you have done and accept the consequences

[LottieSpencer]

I am accepting the consequences of what I have done, I know I made a mistake. I'm just scared about what is going to happen. I think I may have ruined everything!

[LottieSpencer]

'I know if I was the judge you would,to do that to a policeman who was doing his duty is unforgivable in my book,shame on you.'

I know Jordyboy, I'm a total idiot. I still can't believe I really did it, not sure why. Its really not the sort of thing I would do.

I guess I was not thinking right from after the night out.

[wickedgrin]

I think other people have given better advice than I could, but just wanted to say that I feel for you. Seems like a pretty crappy situation to be in and I hope everything works out for you.

[LottieSpencer]

Thanks wickedgrin, I hope so too.

I spoke to a friend and he is taking me out for dinner and drinks to cheer me up, feeling better already.

Still scared about what will happen but am hoping I will get let off again.

[murraymints]

show regret and plead guilty but lay your cards on the table , admit you were drunk and acted out of character and that you are deeply ashamed and sorry for what you did !..probably get away with fine /community service/probation order...good luck..learn from this !

[Orderlimit]

"I would add that I would not be at all surprised if the charge is amended to Assault on PC".

I'm with New Judge here Lottie. Were you actually under arrest or detained prior to the assault?.

I would write a personal letter of apology to the officer prior to court which can be used in mitigation to help you (this used to happen nearly every time a copper was assaulted), but you must get advice from your solicitor first.

[Svejk]

I think your race is nearly run.

[pixie373]

My daughter (15) got arrested for "assaulting a,policeman" (she pushed him). She admitted it all (no other offences) and got a Youth Caution. You might get a Caution if you're honest, apologetic and lucky.

[Gladiatrix]

I don't really know much about this kind of stuff, I've never been arrested or anything before.

But it seems to me that because you have been caught before with drugs then you are more likely to get a harsher sentence and maybe go to prison this time.

Also headbutting a police officer was not a smart move and that isn't going to help your case at all.

Like some other people have said you really need to talk to your lawyer, they will know what you should do.