Public Order S4

[Curo2002]

I was assaulted one evening after being out drinking. I was quite drunk and dont remember much of what happened. When the police turned up after being alerted by CCTV operators, the guy who assaulted me said i'd hit his sister and she backed the story up. I was arrested for assaulting her. When i was questioned the next morning they questioned me about it and i said i had no recollection but to assault somebody, especially a female is not in my nature. They had statements from the guys sister and another friend who was with them saying i had been abusive and threatening and then punched her which is why he assaulted me. The CCTV doesnt show me assaulting anybody but it looks like a heated conversation took place before he assaulted me and kept hitting me whilst i was on the ground. I was charged with public disorder section 4 (threatening language/behaviour), but not assault. Sorry for such a long explanation but i'm worried as to what the outcome will be for me. I know full well that i would never hit a girl, nor am i an abusive or threatening person with or without drink. I have a clean record other than a motoring offence about 5 years ago. What do you think will happen to me?

[ToraToraTora]

plead not guilty, they have to prove it.

[Curo2002]

Its in magistrates court. I just want to know whether to expect a fine or maybe even worse.

[fiction-factory]

Do you have a solicitor?

[Curo2002]

I spoke to one today briefly on the phone but am not meeting until the new year. I just dont want it hanging over me over Christmas

[EDDIE51]

here are the sentencing guidelines for S4 Public order
https://www.sentencingcouncil.org.uk/wp-content/uploads/threatening-behaviour.pdf
Your offence will be in the lowest category so the maximum is a low level community service order. Plead guilty and you get an automatic 1/3 off any sentence. You will probably get a conditional discharge if you plead guilty. At the very worst it is a few hours community service!
Don't worry !

[EDDIE51]

As you can't remember what happened I would NOT advise you to take TTT's advice.
Talk to your solicitor but I am sure he/she will say 'just plead guilty and say how sorry you are'.
If you do that I will be very surprised if you don't get a conditional discharge.
As I said the VERY worst that can happen is a few hours community service, it is not even a 'fine' offence!
As you say you can't remember anything it will be very hard or impossible to prove you are not guilty!

[EDDIE51]

Yes talk to the solicitor, but as Curo2002 says ''a heated discussion took place'' and he can't remember any details.
I would say that pleading guilty citing the assault as mitigating circumstances would almost certainly result in a conditional discharge.

[EDDIE51]

divebuddy we are both agreed that Curo has to talk to the solicitor, before doing anything.
Nothing can be done until the solicitor is open again for non urgent business which will not be until after New Year.
Curo your motoring offence is 'spent' now it is as if it never happened, you do not have to mention it!

[EDDIE51]

I said to plead guilty IF the solicitor agrees with it. As Curo has no memory of the event and the CCTV shows a 'heated argument' I surmise that the solicitor will advise a guilty plea with mitigation. Only the solicitor can see all the evidence so possibly they will advise a not guilty plea, if so go with it!
But if I was in the same situation I would plead guilty unless a solicitor specifically advised me not to.

[Curo2002]

Thank you so much for all your advice. You've definately put my mind at rest and give me a bit of a laugh in the process. I'm meeting my solicitor in the new year, the day before im in court. I trust he'll give me the right advice, i just wanted somebodys elses opinion until i speak to him. Thank you all so much for taking the time to answer me, i do appreciate it.