section 4 (1) public disorder

[rocky balboa]

i am 27 years of age and have a clean recourd, i am married and have a new born child and work in the community.
i was recently involved in a drunked public braw were first i am punched in the face, my freand then begins to attack one of the males who hit me wile i wrestle with the other. i then kick the male who my freand was figting in the face wile he is gettin up.
at no stage do i punch any one and on the c.c.t.v. i seem to be restraining only until i kick the male in the head, there are no injurys reported by anyone and all 4 of us were charged with section 4 (1) public order, do you think by the information that i could receve a custodial sentance,

[Postdog]

sorry, I don't have an answer, but what a name to pick......LOL.

[New Judge]

Section 4 Public Order Act offences are triable either way (either at the magistrates� court or the Crown Court).

If tried in the magistrates� court the maximum sentence is six month�s custody. Magistrates� sentencing guidelines suggest a starting point of custody for a first time offender pleading not guilty. Your previous good character and, from your description of the event, your relatively small part in the proceedings may keep you out of prison.

[rocky balboa]

to ( new judge )
what are the guid lines for a first time offender with good no privius on a guilty plea. bare in mind although i had a small part to play i am seen on c.c.t.v. kicking a male in the head who sustained no injurys

[New Judge]

Only the single guideline is provided. Magistrates depart from this guideline (upwards or downwards) when they have heard the individual facts about the offence and the offender.

A guilty plea attracts a considerable discount and could move the sentence from custody to a community penalty.