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Will i go to prison or not? plz advise

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Mattmans1 | 20:37 Thu 23rd Oct 2008 | Criminal
23 Answers
Any advice here will be REALLY appreciated thankyou all.

I am a finla year student at uni doing a computer network degree. This is what happened.

I was ina burger bar when this lad infront of me was turning round telling me to shut the **** up because i was drunk and lary, we had an exchnage of verbals, i ended up punching him and breaking his nose, then getting him in a head lock, then it got split up, i was on my own and his friends started kicking me, i got away and went over the road, then 1 lad came towards me swearing after i ran, so i ran at him and headbutted him and knocked him out, he ended up breaking a bone in back of his head when he hit the floor. This is looking at 1 charge of assault and 1 of GBH for the headbutt.

I have nop previous record and its not in my character what i did, i was really really drunk and went over the top, but i was on my own and felt threatened.

This will be going to crown court for the GBH and was told my my solocitor i could be looking at 18 months top end of which i would surve 9.

Im wondering because of my circumstances they might be a chnage ill get a suspended sentance, i been working with a tutor at uni, who is a DR in computing, for a year due to emotional problems from chiuldhood, helping me with depression and things.

Will character referances help me avoid jail?

This was my first offence.

Is there anything else i can pull to help me avoid jail?

What i did was completley out of character and was a 1 of thing.

Any advice will be greatly appreciated
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if this is you first offence of this kind there is a good chance of probation/ suspended sentence. you mention this is out of character, which should be mentioned in your trial.

it sounds like you will be found guilty of your offences. firstly self defence will probably not work, but you might be able to get provocation to stick on the first victim. not sure on what you have told us, but maybe not on the second (GBH). You should know that GBH is a serious offence, and it is possible to get a life sentence for it...but you will not. There are an array of other factors that could affect your case, just make sure you tell your solicitor everything.

You admit that you were "drunk and lary", as you put it, so I assume that your behaviour was out of order when you were told to shut up? Then you broke this guy's nose. This was followed by you headbutting and knocking out someone who came after you. Do you think you deserve to get away with it? If your behaviour was simply down to drink, then I'm afraid you have a pretty bad problem. Admit to what you've done, and take the consequences. I doubt if you'll get a custodial sentence, the way things are these days, but you need to take stock of yourself hun.
I agree Ice your behaviour Matt was barbaric and too often people use drink as an excuse!! I f you expect not to get a custodial sentence you should offer to attend alcoholics anonymous as as long as you consume alcohol to excess you are a risk to society. You need to admit to your crime and face the consewuences as well as considering anger management. You were lucky the guy you headbutted didn't die, It will also depend on his victim impact report.
Sorry if i sound harsh but too often violence is attributed to drink and the perpetrator looks for an excuse as opposed to accept their crime and take the consequences
Here are the guidelines

http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf (P.15)

The starting point is 24 weeks inprisonment but it could range to 36 weeks or to a very high community penalty

There are mittigating factors that can reduce it and aggravating ones (like the fact that it was a head butt) that make it worse.

A lot will depend on whether they think you are likely to do it again

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Lol RAGGY , that's what I thought but I could read and understand it at least . All I can say Mattmans is don't drink and get help for that violent streak before you ruin all chances of using that uni course .
Wat wos rong with wif the speling?
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Question Author
Sorry for the poor spelling/grammer, i am dyslexic lol.

Yes what i did was bang out of order and i feel **** about it.

Can i get a solicitor to offer the guy some compensation to drop the charges, say if i give him 1k or 1500 to drop it, is that legal?
that sounds like an attempt to pervert the course of justice. I would NOT try it.
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i hope youve learned from this.....drink can make you very violent...i would suggest that you get as many character references as you can saying how out of character it was for you to do something like this..ie; tutor at college.. friends and family..also a letter from your doctor stating your medical history re; emotional and behavioural problems...and a letter to the poor persons you attacked apologising for what you had done to them...it saddens me to think due to one careless evening of getting drunk you have wrecked your life....also the persons lives who you so visciously attacked..you ought to thank yourself lucky they are still alive as someone could have been killed and then you would be up on a murder charge..
one things for sure,and that is you will get a criminal record and that will not look very good on your cv or crb when you apply for any jobs

why do you idiots not learn from reading the papers and watching the news.
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sorry for sounding thick here, but the 2nd man you assaulted.. you broke a bone at the back of his head? I've not studied biology, but what bone is at the back of your head, apart from your skull? and is that where the word, "bonehead" comes from?
sara, could be a vertebra at the top of the spine. (Not a good thing to break.)
Go directly to jail do not pass go and do not collect 200 pounds. !!!!!!!!!!!!!!!
my son got sentenced for 1 count of abh 18 months he had no previous
You were out of control due to alcohol and were provoked by the head-lock bloke. I can't see you being in prison for that but you may have to attend AA or get probation for 6m.

Have you learned NOT TO GET LARY? If you get off (I pray you do) promise yourself you will control you're alcohol intake.

Be very apologetic and contrition in front of Magistrate.Grovel, grovel and more grovel to get freedom; something you took for granted till now?
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