will i go to prison?

[k-fletcher]

I have stupidly found myself in an unforgiving situation.........a few months ago my partner and i had a domestic which spilt out in to the street, there was two neighbours who had bin out drinking on the front when we were arguing. My partner asked them to call the police as she wanted me to leave and i did not want to. Instead of the neighbours calling the police for her they went into their home and came back out with a weapon each (an snooker cue and a long metal spirit level). i told them to go away and leave us alone although i admit it was with words much more unpleasant than those. instead they attacked me with the weapons. it began a huge disturbance in the street and other neighbours became aware of the the violence occurring outside their homes. i manage to take one of the weapons from the neighbours during the struggle, but rather than discarding it i returned the assault upon them. the other neighbour who was still in possession of a spirit level then proceeded to smash parked cars up in the street, whilst i continued to struggle with the other neighbour. eventually police arrived at the scene and all three of us were arrested. I have been charge with affray and possession of a weapon and have been told by my solicitor that i am likely to serve a prison sentence for my crimes. the other two offenders were sentenced to community service they were aged 17 and 19. i am almost 30.

I have never been in trouble with the police before and do believe that i should be punished for my crime but am terrified of the thought of going to prison, my partner and i resolved are differences straight away and we are now due to marry in April next year. she has two children which i play a huge part in raising and i am fearful of how my crimes will come to affect them if i am sentenced to imprisonment.

I totally regret my actions from the night in question, however it does not make it forgiveable......i believe i should be punished but is pris

[zzxxee]

are you to appear in crown or magestrate court?

[k-fletcher]

forgive me as i have noticed my question was cut short for some reason. it should have continued with i believe i should be punished for my actions on the night in question, however is prison likely to be my outcome.....i am due to appear in crown court for sentencing on the 1st of next month. a pre sentence report is being produced.
Any answers will be greatly appreciated to give both my family and myself a little piece of mind over the next coming weeks.
thank you.

[k-fletcher]

firstly i would like to say this is the full story.....i have no reason to hide facts or details as i am only asking for advise, what reason would i have to not disclose any information with you people or the courts for that matter, and why would any sain person fail to tell his/her solicitor anything but the truth (unless they are guilty without remorse), as hidden information would only come to light eventually as there were several witness statements from both my partner and other neighbours in the street. secondly it was originally a magistrate case but they referred it to crown court...........The prosicution claim that the domestic i had with my partner was the instigator for the acts in the street........also given my age i should have know better than the other guys involved. and thirdly for the bennefit of babyape.......please believe me these guys did just decided to go in and produce weapons as they were highly intoxicated and i also lived in a rather rough area at the time. also as i stated in my original explaination i basically told them to F*ck off when they tried to get involved. which obviously aggravated them. i have disclosed all the information that i have to my knowledge and my partners from the night to you helpful people am not asking for judgement as i already said i disagree with my actions but there is nothing i can do that will change history i simply ask if anybody knows if it is likely that i will go to jail for my crime.
once again thank you for your replys.

[sara3]

what does your legal rep say? did you plead guilty or were you found guilty? what recommendations were made in your pre-sentence report?

[Bjohn]

I'm confused - have you actually been convicted yet? Is there any self defence here? Possession of a weapon - Possession of someone elses weapon? Affray - was someone of resonable firmness in fear of your actions? Something is not stacking up here.

From your version of events it would sound unfair for you to go to prision. At 30 years of age with no previous the chances of a repeat offence are unlikely.

[ELVIS68]

Good luck fletch

http://www.mochadad.com/wp-content/uploads/2008/12/soap-on-a-rope.jpg

[Bjohn]

If the version of events are correct I'd be a little peeved if you were living of my tax in prision. Community Service would be far more useful for the public

[k-fletcher]

thanx all for the posts........to confirm......i along with the two other guys attended magistrates court originally, they were both sentenced to community service there, but i was referred to crown court. i have been to enter my plee (guilty) they are currently producing a pre sentence report. when this is complete i will return to crown court for sentencing. i am not aware of what is written in the pre sentence report as of yet, as it has not been completed. i will probably find out sometime next week. In response to Bjohn's question..... the police who are the prosecution say that myself and the other two guys put the neighbours in the street in fear because of are actions.
I myself am finding great difficulty in understanding why i am receiving a more severe outcome than the other to guys but my legal representation are using this to try and get me a more lenient sentence.
I HAVE ENTERED A GUILTY PLEA!!!!!!!!!!!!! just so its clear lol.
No need for apology babyape..... fingers crossed though hey i think i need all the luck i can get.

[zzxxee]

ok a bit of straight talking
as it is in crown court the sentanceing is likely to be custodial
i knew someone who was charged with the same as you and got 4 months in prison but served 8 weeks and wore a tag for the other two listen to your solicitor though they can tell you more than any of us on here and i wish you luck as you seem remorseful

[oldmaggie]

First offence sent to Crown Court for sentencing probably unpaid work plus suspended sentence.

[helpmepls]

I dont know anything bout the law but I do know that its ****!!! I can see you are remorseful & thats the most inportant thing! I have been WRONGLY accussed of a crime before (different to your situation-yes) & I was righly found NOT GUILTY!! It is the worst thing that happened to me. Court is a horrible experience & the unknown is even worse. Thats what your going through now,,,NOT KNOWING - it does you in!! I sincerely hope you do not go to prison-I do not believe the crime really fits the puishment in your case.......Truthfully, I really hope things work out for you. keep us updated. Chin up, relax & be honest. All the best.