Will My Boyfriend Get A Prison Sentence

[Jessieh94]

My boyfriend got into some trouble when we was out he never normally drinks but decided to this night he ended up in a fight and broke someone's jaw he hit them once and walked off and is getting charged with abh and gbh section 1 he has pleaded guilty as he knows he done wrong he has never been in trouble before and seriously regrets what he has done just panicking now as he has to go to court just before Christmas what should he expect thanks

[janbee]

His lawyer should be in a better position to give an answer.

[DTCwordfan]

He needs a lawyer to build a case of provocation and mitigation in his defence.

[Jessieh94]

His lawyer said probation and a fine but there is a slim chance of prison tbh I personally don't think his lawyer has a clue just wanted to find out more

[ummmm]

There is a good chance his lawyer does have a clue.

[jackthehat]

His lawyer, who is in possession of all the facts, probably has more of a clue than a bunch or random un/under-qualifed strangers on an internet forum.

[Jessieh94]

just very worried as it our sons first Christmas and want his dad to be there

[ummmm]

Any witnesses?

[Jessieh94]

Yes and cctv footage he's not denieying it though has pleaded guilty and it's been adjerned to his town court as it was in another town

[DTCwordfan]

A good lawyer would 'negotiate' out the GBH and then work on mitigation around ABH that he was provoked....doesn't mean that he wasn't guilty but rather that there were extenuating circumstances - resulting in a community service and fine as punishment - and if it is his first offence?

[Jessieh94]

Yes his first offence not a trouble maker at all a good hard working person, I hope your right really worried thanks for your advice

[ummmm]

If it's on CCTV, one punch and walked away, I doubt he'll get more than a fine. Your lawyer is preparing him for worse case scenario.

[Jessieh94]

I'm hopping so but it was just 1 punch they did aggravate him iknow it's no excuse

[Dizmo]

It isn't an excuse as you have said however if you can clearly seem them provoking him then this may at least come in his favour slightly. As least he didn't just walk over to a random person who wasn't doing anything wrong and sock em' in the face.

[Peter Pedant]

He has paid for a lawyer and should follow his advice

I agree with JTH that it is unlikely that we will give better advice with fewer facts and less court experience

If you go into the criminal thread then you will find numerous posts on sentencing guidelines and where to find them and how they are used

contributions by Buenchico and New Judge spring to mind

[New Judge]

It is impossible to give you even an educated guess on the likely sentence as there is some fundamental information you have not provided.

Firstly, you mention that he has been charged with ABH and GBH section 1. Firstly he will not have been charged with both, only one or the other. Secondly there is no GBH section 1. GBH (Grievous Bodily Harm) is contrary to the Offences Against the Person Act, 1861 and falls into two sections, S18 (GBH with intent) and S20 (simple GBH). The difference in likely sentences is considerable. For GBH S18 (the most serious) custody is almost a certainty; for ABH (the least seerious) custody is rare. So before saying whether custody is likely you need to find out what he has actually been charged with (and pleaded guilty to).

I'm sure jack is right in most cases and that his solicitor should have more of a clue than anybody here on AB. However, from what you say, this may not be the case this time. It seems there is a chance that his solicitor has not given you a reasonable assessment of the likely outcome. You mention that he has been told that a fine and probation is likely. Though technically possible, a sentence involving both is unlikely in the extreme. Furthermore your solicitor can have no notion that "probation" is a likely outcome. Even if a "Community Order" is deemed suitable then supervision by the probation service (which is what he means by "probation") is only one of a range of requirements open to magistrates or a judge which fall under the Community Order umbrella. Others include curfew orders, unpaid work, and specific programme orders (such as anger management). Even if he believes that the offence attracts a Community Order he can have no idea what requirements that order will involve.

To comment on some of the other answers:

If he has already pleaded guilty whether or not there are any witnesses is immaterial. By pleading guilty he has accepted the prosecution's version of events and no witnesses will be involved.

Any negotiation around the charge will already have been done because negotiation is not possible after a guilty plea.

[nailit]

Dont want to be a 'naysayer' but regardless of what others here say there was recently a case in my local paper of a young man in court for first offence and that offence was ABH (not GBH) and he got a custodial. You never know what judge youre going to get on the day. My own experiences with the law is that its a lottery. I recently got a suspended sentence when everything said that I should have received a custodial and I've gone to prison in the past for lesser offences that should have been a slap on the wrist.

[Jessieh94]

Section 20 it was sorry wasn't told much information but have now spoken to him his solicitor just said that to don't even have the thought of prison in his head as he will not be going to prison so hopefully the judge is in a good mood on that court date

[nailit]

//hopefully the judge is in a good mood on that court date//
lets hope he gets his legover the night before jess ;-)

[Peter Pedant]

Judges are a funny species Nailit - as you well know but what would you do without them.

One has just rubbished my small claim because I hadnt obeyed the RSC but I didnt say - "for chrissakes this is meant to be informal innit ?"
anyway out it went - whereas previously the claims have been heard informally.
well not last week...

[New Judge]

Is he being dealt with in the Magistrates' Court or the Crown Court, Jessie?