common assault - section 39

[Neenee]

my parnter has been charged with common assault or as his documents have now stated he has been charged with BATTERY. what does this mean?

i am very confused and worried about this which is going to court in a few weeks at magistrates.

he is pleading not guilty, only evidence are a few abusive texts which were on a phone that the police have printed off the person in queston mobile.

there is no photograhic evidence or third party witness statements apart from the police officers who attended the interview...and to visit the prosecuting person three hours after alleged assault. the police officer in question states in their statement that there were no visible injuries to the aggrieved person at the time

i see this as it is the so called injured party and defendants words against each other. i add that it is a domestic distpute

any answers of help will be greatly appreciated.

[Buenchico]

The difference between 'assault' and 'battery' is little more than a technicality. Here are the two legal definitions:

"An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force"

"A battery is committed when a person intentionally and recklessly applies unlawful force to another".

As you'll see, the wordings are fairly similar and they result in what is effectively the same charge (of either assault, or assault by battery, contrary to Section 39 of the Criminal Justice Act 1988).

From what you've written, the Crown Prosecution Service might find it hard to obtain a conviction and, even if they do, neither you not your partner should have much to worry about. While conviction for a 'Section 39' offence can theoretically result in a prison sentence (or up to 6 months, and/or a fine of up to �5000), such a penalty only ever results from the most serious of offences. (e.g. an offence close to the criteria for 'ABH', or perhaps an offence against a child). Unless your partner has a whole string of recent convictions for violence, the chances of him going to prison are absolutely NIL. If the CPS does succeed in obtaining a conviction, he'll simply receive a fairly small fine and/or a short period of community service. (Even a community service order is probably unlikely. A conviction would probably result in nothing more than, say, a �100 fine, plus �60 costs and a �15 payment to the victim compensation fund).

Chris

[Neenee]

hi chris, thank you so much for the info, it seems a bit confusing to me how the CPS can take such a thing to court in the beginning.... without an independant witness. the texts are abusive, but even i get abusinve texts from my ex partner which i see as tit for tat when relationships break down...

upon reading all witness statemetns which we have been sent, as i said only the police statements are the evidence or witnesses supplied, i find it hard to believe how they can come to any decision regards what actually happened.

be all and end all is it is just a bitter breakup where one partner can not accept the other (my current partner) moving on and making a nice life with a new family for himself so is out to break what she can.