Whats the sentence on being convicted with conspiracy to abh?

[catering]

My partner and i are being charged with conspiracy to abh, he's also being charged with abh. It's going to crown court soon. This is the first time we've been in trouble with the police. I have a son (prev relationship) who's 4 and am 3 months pregnant, whats the max sentence we could get? Could my sons father take him away from me with this hanging over my head?

[Buenchico]

Sentencing for 'conspiracy' offences is normally the same as for the actual offence itself.

See page 17 here for ABH sentencing:
http://www.sentencing...person_accessible.pdf
The sentences shown there refer to a first-time offender, convicted after a trial. An early guilty plea can see a reduction in the sentence (which, in the case of a custodial sentence, is normally by one third). If a custodial sentence is passed the time actually spent 'inside' is usually half of the court's sentence.

Chris

[catering]

i dont want to plead guilty as i haven't commited this offence, but i also don't want to lose my son. What will happen to my son? will i ever get custody back if i have to go to prison?

[Buenchico]

If you've not committed the offence it's hard to see how the Crown Prosecution Service could prove (beyond reasonable doubt) that you did so. i.e. you should be acquitted.

Judges are obliged to stick to the sentences shown in that document unless there are genuinely exceptional circumstances (which the judge must explain in open court). It's possible (but by no means certain) that, if you were convicted, the judge might pass a non-custodial sentence (or a suspended custodial sentence) on the grounds that sending you to prison would harm the interests of your children. Your barrister (if he's any good at all) would certainly stress that point but parenthood can't guarantee that someone will stay out of prison.

Even if you were sent to prison, social services would normally seek to maintain contact between you and your son, and to support you in caring for him upon your release.

Chris

[wintermute82]

Assault occassioning Actual Bodily Harm carries a maximum tariff of 5 years. You can view the tariff for this offence and others here: http://www.thelawpage...rt-cases/maximums.php

When sentencing a Judge will take into account a plethora of factors. You can search the below archive to see examples of sentences handed down for those in similar circumstances: http://www.thelawpage...cases/index.php?res=1