Arrested for ABH - what to expect?

[pob77]

I was arrested for ABH, and am being told the charge may change to Common Assault.

I had an argument in a bar with some men (they were gay and were telling me I was not welcome, because I was with a girl), and the bouncer came and threw me out.
In his statement he said that I pushed him, and then punched him with a closed fist. I don't remember doing this, as I was drunk. When he threw me outside I tried to fight back but another two bouncers pinned me to the floor and injured me quite badly, I asked them to call the police, and told them they were assaulting me. Then the police turned up. Arrested me on ABH.

My girlfriend was kicking the bouncers, trying to defend me. She was arrested on affray.

There is a chance the bouncer will drop the charges, but if not, what should I expect?
The police said there was CCTV, which may show me punching him if he was telling the truth about that. If not, it will show me being violent outside, struggling with the bouncers, but I didn't actually hurt anyone, I was the one that got hurt.

I don't have a criminal record, but I do have a police record, a common assault where I was not charged, for kicking someone.

I have enough money to get a top level criminal defense barrister, but want to wait before I get them involved, see if charges are dropped, or CCTV was not on?
I have a good career, and am from a good family, whether or not that makes a difference.

Any advice on what to expect here would be very much appreciated.

[pamdoll]

The bouncers will not drop their complaint, its second nature to them to support police actions.

Although you were too drunk to remember what occured, this is not a defence! You could claim that you were defending yourself because you were confused about who these people were that were manhandling you and your friend out of the club - not an excuse but a defence which explains your uncharacteristic behaviour?

If it is dropped to a common assault, your lack of previous convictions should get you a caution - providing you plead guilty and accept a caution.

If you go to court for ABH the bouncers word is usually taken as good, although you can keep your fingers crossed that the CCTV does not show you being violent then the ABH evidence will be weak.

I doubt you would get a custodial sentence but it is unlikely you will be cleared in court. You may end up with a community punishment order or some such. This will of course lead to a criminal record.

If you are going to rely on protecting yourself in the confusion and drunkeness you need to state that in interview - going no comment will jeopardise your defence. You need to get your mits on the CCTV asap and find out what it shows and get your solicitor sooner rather than later.

Hope this helps.

[pob77]

pamdoll, thanks v much for your reply.
I went to get charged and they have dropped it to common assault.
The bouncer had been lying because all the CCTV shows is me pushing him (violently).
I am also being charged for affray because I resisted when restrained by the other three bouncers.

I will plead guilty, but am employing an expensive solicitor! I'd rather not get a record to be honest.
But as long as I don't go inside I don't care.

[pamdoll]

Hi,

Great news about the common assault, if your solicitor can play on the bouncer exaggerating events, the Affray may be dropped to a section 4/5 and you will be well clear of prison.

Best of luck.