i realise i was in the wrong

[smiley-sue]

i am being charged for 4 counts of ABH but the charges could be raised to GBH , I truly regret what i did and am very worried that i will be getting sent to prison ! if this happened how long could or will i get ?

[Bigapps]

Not a surprise to me. They are one of the biggest crooks. If you are not happy, complain to the law society.

http://www.lawsociety.org.uk/home.law

[smiley-sue]

yer well thanx you really put my mind at ease and answerd my question !! NOT ! why even bother replying !

[jake-the-peg]

The recommended sentence for Actual Bodily Harm is a custodial sentence:

Mittigating factors include: Minor injury (I guess that's not the case here as GBH is being considerred), Provocation, A single blow ( 4 counts - not you again).

Aggravating factors include: Abuse of trust (domestic setting),Deliberate kicking or biting,Extensive injuries (may be psychological), Headbutting,Group action,Offender in position of authority, On hospital/medical or school premises, Premeditated,Victim particularly vulnerable, Victim serving the public,Weapon

Don't know if any of these apply.

Mitigating factors include: Age, health (physical or mental)
Co-operation with police, Evidence of genuine remorse
Voluntary compensation.

The maximum sentence a magistrate can give is 6 months but they can send you for sentence of up to 5 years.

GBH under section 18 involves intent - that is they must show you intended to cause serious bodily harm and can attract a life sentence - but I doubt that's what you're being considerred for. Under section 20 they only have to show you acted recklessly - maximum sentence 5 years.

The following are the min, max and average terms in months for the year 2003
.........................Min.............Average..............Max
ABH..................0.5............... 9.2.....................60
GBH(intent).......6..................50....................life
GBH................ 0.9..................18...................60

Hopefully you can make a guess yourself from that knowing the circumstances

[yummymummy]

I don't know if bigapps meant to reply to the previous question as that was one about rubbish solicitors, just a thought!

Can't help you with your question I'm afraid!!

[Pippa68]

There was no need to fly off the handle. If you had looked at other Qs on this page you would have noticed that Bigapps made a mistake & answered the wrong Q.

Is this why you are in trouble for ABH??

[smiley-sue]

thank you jake-the-pig your answer was quite help-full ! and sorry this is this my first time on the site and thought he was beeing funny ! and yes that probably is why im beeing chared for ABH !

[smiley-sue]

sorry -( peg )

[##Wardy##]

Although the courts can "up the charge" it is unlikely. At charging stage (at the Police Station) the greatest charge is usually given from advise from the CPS.

There is more chance of the charge coming down to common assault than going up.

Good luck at court. A guilty plea will help your sentancing.