Been charged with GBH

[john20]

Been charged with GBH recently.

Basically was in a bar, looking at some girl, The next thing I know their is some bloke in my face saying "shes nice isn't she" and i said "yea shes alright" he then said "thats my girlfriend" i said "you must be rich" he then said "na i have got a big d*ck" That was the end of that.

Few minutes later I see him talking to his mates and then he approaches me again and said "what the f**k are you giving it for" I thought he was going to hit me. So I hit him and left the bar.

2 weeks later The police are knocking on my door charging me with GBH. I knocked his 2 front teeth out. I am pleading self defence.

What are my chances of getting off, and if I do get sentenced what will I get.

I have been in trouble before common assault, assault on a police officer, drunk and disorderly.

Currently doing 240 hrs community service for common assault. Which won't help.

[Andy008]

Slim.

[john20]

only 1 punch though

[AliFlump]

I think they will see that you are in the wrong as you threw the first punch

[gary baldy]

Your past record doesnt bode well - three strikes and your are out!
Just 'thinking' some one is going to hit you doesnt justify "self defence".
Have you ever thought about walking away?

[john20]

It is hard to do, but will be doing from now on.

Weren't the sort you just walk away from he was in my face.

[jno]

sounds like you were in his face - he's the one who lost the teeth. Don't know what sentence you'll get but you'll be very lucky indeed if it's lenient; courts get tired of seeing the same people over and over. But it'll be a miracle if they accept self-defence. You could have walked away; you could have waited and thrown the second punch - that's what self-defence actually is.

[john20]

He was alot bigger than me and I just panicked and if i had thrown the second punch I might not have my teeth.

[jake-the-peg]

I think the answers here about self defence are incorrect - I think you can act first in self defence if you have a reasonable belief that you're in danger.

Example: You can hit someone over the head with your walking stick if he pulls a knife on you - but if he goes down and you hit him again it's GBH or assault or whatever.

I don't think just saying "I thought he was going to hit me" is going to swing it though, especially with your background. I suggest if you could find independant witnesses to say he was about to hit you then you might have a chance.

But especially seeing as you're already serving a community service I'd strongly urge you to get some professional representation

[john20]

He approached me twice and he definately was going to hit me.

Looks like I might be losing my job then.

[AliFlump]

Sorry John but looking realistically from what you've told us it doesnt look good

[NORMANTHEDOG]

As you have a bad record of violence i would expect you to go to prison,by the sound of what you say and your previous record i think you are a thug who needs to be put away before you kill someone.

[Drusilla]

Stop pulling your punches, Norman (excuse the pun) and tell him what you really think.

A decent solicitor/barrister will probably be able to reduce the charges quite a bit, but your past record may well work against you this time.

If all goes well, may I suggest you book in for anger management classes. It might just help you pull back before you blow your future prospects completely.

[NORMANTHEDOG]

drusilla,im only saying what he past record states,he will hurt someone one day,only a matter of time.

[Ward-Minter]

jake the peg is right. It's called "the pre-emptive strike" and is wholly a defence to assault.

another point. 2 teeth knocked out will never be GBH at court.

your form does worry me however. Assaulting a cop can never be justified and this antecedence can and will be used in court.

speak with you brief and plead a public order offence. It may be the only way to sto you doing bird.

[noxlumos]

I was charged with GBH as well and it lead to a 7 year prison sentence, sorry to sink your hopes a bit.I had no previous other than once when I was a lad for fighting.The man in my case was worse off than in your case, it was in Northern Ireland and in 1992 so things will doubtless be different in your case.Do yourself a favour if you get away with this without doing time, keep out of trouble, prison is really not fun and Norman's right you need to have a word with yourself before you really hurt someone seriously.Good luck though, sounds like a pub fight got out of hand.

[Hgrove]

I agree with Jake the Peg, it's self defence if you have a genuine (can't remember if it has to be reasonable) belief that the other will hit you, but also the force you use has to be proportionate.

[bernardo]

Your use of the word "so" at the end of your second paragraph is a non-sequitur.

[jno]

yes, sorry to have understated the case for self-defence - you can hit first if you believe you're in danger; but you'll have to convince the court of this. I fear they'll look at your record and say that you either seem to be in danger all the time, or you're the one causing the danger. For the sake of the rest of your life, you do need to sort your behaviour out. (Has drink been a factor in many of these cases?) I wish you luck, but as Drusilla suggests, a good lawyer would be better.

[Grunty]

To use the defence of pre-emptive strike, it helps if you are a president and you attack a whole country.