Self Defence Of Common Assault

[bj123]

My husband & I had an argument and he threaten me and was about to beat me so I self-defence myself by kicking him first so that he can keep away from me and got charged for common assault. Can anyone tell me that I may be sentenced for the charge? I will be grateful if you can explain to me in detail.

[Peter Pedant]

BC who seems to have the sentencing guidelines off by heart will be along in a mo'
From the case point of view - you should defend the charge with the defence you have said - self defence

from what you said it should / might succeed. Pre-emptive strikes ( you hitting out first ) can stillbe successfully pleaded as self defence.

It all costs money tho'

[whistonian]

Your OH deserved it bj but how on earth did the police get involved ?,surely your OH never called them.

[Peter Pedant]

not really a question of law Whisto,

The issue about police changing from uninterest in DV to interest is that the cost to the family unit goes up - as here
possibly two charges, two sets of fines and two lawyers fees

and yippee the Police get 10 brownie points for getting involved.

more sociology or economics I would have thought

[RATTER15]

Do you have any "previous" for such crimes?

[Peter Pedant]

or does he ?

[ummmm]

More importantly...does he?

[Peter Pedant]

ummm I really miss Fred Puli in these cases
he could tell us if the husbands previous is allowed in anothers defence or whether the judges permission is reqd....

ho hum I still think on the facts given she should defend the case
( but i would say that anyway)

[ummmm]

I was with a violent partner. A policeman told me that with his history of violence towards me, if I bashed him it would be considered self defence.

[RATTER15]

I would of thought that under any circumstances //and was about to beat me// she could kick him in self defence. we all have the right to defend are selves using "proportionate force" I would have thought that she was well within her rights to give him a kick.

I am assuming you didnt kick him in the family jewels and down him? Though he would have deserved it!

[ummmm]

You won't go to prison for common assault.

Yes Ratter...chances are it'll be thrown out. The police have to follow up a complaint.

[bj123]

Thanks very much everyone who reply to me.
By the way, I don't have any previous conviction and he reported me to the police. Also, this kind of thing happened before but I dropped the case and he has no criminal record as I thought about his career and future family life. Based on this background, do you think I will get sentence? Thanks very much.