can you go to prison for abh

[nat789]

my husband and his brother are in crown court for abh a friend of my husbands came knocking on the front with our children inside wonting to argue and being aggresive my husband through a punch then his brother got on top and kept hitting him my husband tried to pull him of they was both arrested at the scene my husband is going not guilty and his brother non comitale would they be better just going guilty to get it sorted

[bednobs]

yes you can go to prison for ABH

[nat789]

even though its a first offence and it was his brother that did it

[bednobs]

that wasn't your question - your question being "can you go to prison for ABH" to which the answer is yes. Your husband would be much better off getting a legal representative, who has the benefit of ALL the facts (not just the ones you chose to present here) plus legal experience and knowledge to assess his chances of going to prison

[Buenchico]

The maximum penalty for ABH is 5 years imprisonment and a £5000 fine.

For the lowest level of ABH (where there was no pre-meditation, no weapon used and the assault did not result in particularly grave injury or disfigurement) a judge is obliged to work from a 'starting point' sentence of 24 weeks custody. He can then move the sentence up or down, depending upon the circumstances, to no higher than 36 weeks custody and no lower than a 'high level' community order. (Judges must stick to those guidelines unless there are very exceptional circumstances, which must be explained in open court).

However those sentences refer to a first time offender convicted after a trial. Previous offences (particularly for violence) can push the sentencing range higher. An early guilty plea can see the sentences reduced (in the case of custodial sentences by one third).

With early guilty pleas (and assuming that they've not got a long string of previous offences for violence) there's a good chance of non-custodial sentences. Pleading 'not guilty' (unless there's a reasonable chance of acquittal) would significantly increase the chance of a prison sentence being passed.

Chris

[wrighty793]

yes you can got to prison for ABH 5 years max sentence, plead guilty and grow some balls take responsibility for your actions , i have a conviction for ABH s.47 , i was up for s.20 GBH pleaded not guilty as i felt this was to severe, it was then dropped to a s.47ABH , i pleaded guilty to this charge and should remorse etc as i did actually commit the crime , i received 180 hrs community service and a £750 fine , and count myself very lucky not to of been given a custodial sentence , bearing in mind this was my first offence and i pleaded guilty at the earliest opportunity, your husband and his brother are in crown and as they have gone not guilty if they are found guilty there is a high chance the will get jail , all depends on mitigating circumstances, witnesses etc every case is different, but there going crown court for a reason !!!!!