Charged With Common Assault And Criminal Damage Very Worried About What Will Happen

[JAMIEC1994]

Hi Basically im on licence until May for driving offences and I have been drunk on a night out and ended up getting into a scuffle with a few people and hit a woman and been charged with common assault and criminal damage. I have informed probation and they are not wanting to recall me to jail. I Understand that I the maximum I could get is 6 months but was wondering what are the chances in which I will go to jail as I've been before for 3 months and very worried about going back thanks

[Buenchico]

You can only be sent to prison for common assault if the magistrates see the offence as falling into the very top end of 'Category 1' (where both 'harm' and 'culpability' have to bee seen as falling into the 'higher' zones). A drunken scuffle is far more likely to be viewed as either 'Category 2' or 'Category 3'. See pages 189 to 192:
https://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG-April-2017-FINAL-2.pdf

You can't be sent to prison for criminal damage unless it's part of a sustained spree (e.g. someone who goes along a road slashing the tyres of all the cars parked there) or the value of the damage exceeds £5000. (See page 43 from my link).

[EDDIE51]

What do you mean by 'on licence' ? Do you mean you have been released early from prison on licence? As you have informed probation and they are not recalling you immediately , I assume it will be up to the court when you come to trial to decide if you will go back to prison. As said ,common assault and criminal damage are not normally a prison sentence. But, you could have your licence revoked and be returned to jail to serve the balance of the sentence for the driving offences.

[maggiebee]

Strange first post.

[Mamyalynne]

Maggie, when people Google that first line it most likely finds the many similar questions and equally informative answers on this very topic. So people join on that basis.

[Peter Pedant]

odd first post
no I dont think so -

I have just been in the slammer ,will I go back?
strikes me as a very reasonable question

and the answer appears to be no