First Time Offender (Serious Assault)

[OhMyGoodness]

I was on a night out with my sister and we got into an argument in the taxi rank. She then grabbed a hold of me and punched me in the chest so i grabbed her hair and started kicking her in the legs or stomach (cant really remember). She started throwing punches at me so i turned my back to her but i still had a hold of her hair when a woman grabbed my to try and calm me down. I blacked out (tend to do this when im angry) and dont remember anything apart from i was standing behind her and she had her back to me. A boy that i knew who was standing in the taxin rank told me to put my shoes (heels) back on which i threw to the side at the start of the fight. In the heat of the moment And because i was so angry i smacked the heel twice off the back of her head. Then the police came but she was determined she wasnt going to press charges. Over a week later i was arrested from my house and had to spend a night in the cells and face court (where everyone was asked to leave (made private)) on monday morning where i was released on special bail. The fight was caught on cctv and i asked to counter charge her with assault but the cctv cameras never caught her hitting me only me assaulting her. She was taken to hospital and police found out she has a broken nose, a suspected fractured cheek, nerve damage to the face and 2 cuts to the back of the head. I have never offended before and have never been in trouble with the police. I am soo nervous/petrified what the outcome will be (havent been able to sleep, cant stop crying and i am now on anti-depressants from the doctor). Does anyone have any idea what i will get convicted/sentenced with as i am really scared???

[Canary42]

It's a bit late for any of our many experts to be around, but my inexperienced and untutored view is that you will certainly not get a custodial sentence which must be your main concern I would think.

But do try to do something about that temper or it may land you in more serious trouble.

Try this for starters, but you may need professional help/counselling.
http://www.bbc.co.uk/health/emotional_health/mental_health/coping_angermanagement.shtml

[NOX]

No-one can answer your query because there is not enough information.If the police decide to charge you then we can tell you with more certainty.

'Troll'- oh the irony Dorromay71

[Buenchico]

You've missed out an important piece of information. i.e. what charge are you facing? Based upon what you've written I'd guess at 'Section 20 GBH [or 'Wounding', rather than 'Section 18 GBH with intent' or 'Actual Bodily Harm. The differences between those offences are described in his document from the Crown Prosecution Service:
http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/

Assuming that it's 'Section 20' the judge would have to consider both 'harm' and 'culpability' when sentencing. If he/she regards both of those as 'low' it's a Category 3 offence, where the 'starting point' sentence is NON-CUSTODIAL. (It's a 'high level' community order). The maximum sentence for such an offence is 51 weeks imprisonment (reduced to 34 weeks for an early guilty plea, with only half of the nominal sentence actually spent 'inside').

My guess is that 'Category 3' will apply and that you'll then almost certainly avoid prison. However if either 'harm' or 'culpability' is regarded as 'high' then it becomes a Category 2 offence, where the judge has to pass a custodial sentence (other than in very exceptional circumstances). See pages 7 to 10 here:
http://sentencingcouncil.judiciary.gov.uk/docs/Assault_definitive_guideline_-_Crown_Court.pdf
(That's the actual document that the judge will refer to in court).

Chris

[Hatrick]

I don't know the outcome but I do know what your going through. I don't know you as a person or was there at the time but drink I know can change people e.g. making them into a different person making them aggressive I don't know myself because i don't drink but watch a lot of programs. What you have went through and still going through is devastating it must feel like your whole life is ripped apart. I am going through the same spent time in police station for 2 days appeared before the magistrates then had to go to prison because the matter was to serious for them so my bail had to be put in the following week, I haven't been the same since i'm on sleeping tablet and medication. I'm a quite girl that had a job just passed her test and supported her mum and unfortunitly was with the wrong boy for 6 years he hid something in my house and i'm caught up in this. I know there is nothing I can tell you that you really want to hear because I know you just want someone to hold you and tell you everything is ok and will be alright. I am petrified and pray almost every night and cry all the time i'm on curfew not aloud in a certain area and have money put up for my bail. Its a different world i've never been in trouble never had a fight in my life and couldn't hurt a fly had plans for university and its like this one person can just ruin your life forever. The thought of a criminal record and apply for jobs and uni worries me and upsets me so honestly it sounds to be it was just a drunken mistake that got really out of hand and you will never forget and will learn from but honestly just think your not the only one going through it I wish you all the best and pray someone is looking down on you. x x

[modeller]

As your sister is not preferring charges the police evidence is limited to
cctv and witness evidence. From your description you were mainly at fault.
You say the court was cleared but not why . The reason could be significant regarding any sentence e.g. if you are a juvenile .