Will my partner go to prison for ABH?

[leanaryall]

Hi, my partner and our friend was involved in a scuffle with my ex. My ex, although we separated in March, was harrassing me via email at work, text and phone calls. On a works night out in town, my ex had the brazen cheek to text me asking if 'we could meet up, put the break up behind us and go out like old friends for a catch up.' When I got the text, I did not even dignify it with a response, however my partner contacted my ex and said 'She has told you she doesn't want anything to do with you anymore, so why don't you respect her wishes and leave her be?' My ex was being confrontational and they met up there and then. My partner was being civil, just repeatdely telling him to leave me alone, and ex was goading non-stop. Our friend although not involved, was on the bylines just watching in case. My ex threw the first punch, our friend jumped in to help my other half, they all ended up in the railings = fight with our friend punching him a few times while he's on the ground, and my partner kicking him in the back while he's on the floor. Unfortunately there is CCTV footage involved - however it is biased as it only shows the last 5 minutes where we see my ex on the ground being hit. There is no footage of the speaking and argument 20 minutes prior to that, or of my ex throwing the first punch. Both my partner and our friend have been charged with ABH, it would've been common assault had my ex not had a broken thumb. However he probably broke his own thumb punching like a girl and he provoked the attack . The court date is in a couple of weeks, and is being kept it in magistrates. Maximum is a sentence of 6 months. My partner has no previous convictions, is a good citizen and is on the up and work - good character. And he also pleaded guilty first off. Any ideas?

[seatrout]

Kicking on the floor is always an aggravating feature but at least it wasnt to the head. There was a degree of provocation and the injuries are comparativley minor. Your partner will get credit for an early guilty plea

It would be a hard bench of magistrates to impose custody in such a case

He will need a solicitor to mitigate on his behalf

[leanaryall]

Hi seatrout,

Many thanks for the advice - I supose I need some reassurance more than anything! Bit of a nervous wreck these days with all this hanging over me.

We have a great solicitor who's doing all they can - the court date is the 13th September but may be adjourned as they have a backlog of cases.

I find this so frustrating, as anyone would - you meet The One, and this happens. We're ready to settle down and start a family, got a nice new flat, doing well at work and have wonderful friends and family,

I am also worried as my ex is great at mind games, getting inside people's heads and manipulating them. Do you think the olice can see through this, or will he be able to get to them too?

Thanks :)

[Annlinda]

Aggravating feature would also be classed as group action because it was two offenders assaulting one person. Depends on the bench but a suspended prison sentence with community punishment with unpaid work requirement could be a possibility all really depends on the report the magistrates will undoubtably ask for from probation.This usually takes 3 weeks, so sentencing will be about 3 weeks from their appearance in court.They could go for a specific sentence fast report and sentence that day but not I think with this serious offence
But be prepared also for compensation claim.

[MustafaTickl]

If its a custodial it will be most unpleasant for him as the prisons are so short of space. If that happens be prepared for him to be no longer "The One" when he comes out but a completely changed person after months crammed in a cell with a bunch of criminals like these.