Abh Crown Court

[Jay2511]

Hello I have been charged with abh and I am up in crown court in just over 3 weeks. I was out on a night out when a lad I don't know came over and started mouthing off at me . I asked him to back off but he didn't so I pushed him away . He then pushed me back and I fell to the floor. We had a scuffle and was slipping every where due to it being really wet on the floor. I got up n hit him a few times and he fell to the floor . I then regrettably kicked him to the head why he was down more than once. He had a cut on the back of his head that needed to be glued together. I was told by my solicitor to plead guilty early there was CCTV. But none of me kicking him. Just a witness statement from the girl behind the bar. She says I kicked him 5 times but I know i did not kick him this many times and if I did I'm sure it would be on CCTV. I am so ashamed I acted the way I did because I really am not a violent person. It was just a moment of madness that really has turned my life upside down. And I really am sorry for what I have done. My solicitor has said prepare for prison. He thinks 12 to 18 months. I am a qualified teaching assistant after training last year when I was unemployed for a year. But I have recently set up my own business that I have worked so hard to do. I have a record of drink driving when I was 18 and affray when I was 15. I'm now 23 have been with my girlfriend for nearly 4 years and really have been on the right track. My solicitor said its 60/40 against me to receive a custodial sentence. I know I have done a terrible thing but do you think with everything going so well for me and not having a violent record I could get a suspended sentence. And is me writing a letter to the judge explaining how sorry I am and how prison will affect my life something I can do ? Any advice will help like I said I know I need to be punished but I don't want to lose my business go inside then come back out a Jobless bum again ! I have also been to the doctor to see if there are any alcohol awareness courses I can do and I have been in touch with the local council to try and get involved in a scheme they run called one punch can kill. Any advice will help !

[ronnietoon]

you need letters as many as possible of support ones from teachers etc will help.

a big aggravating factor is the kicks when he was on the ground judges dont like that.

one factor of whether you get an immediate custodial is believe it or not which part of the country you live in.

in your psr if you have one you have to show remorse and culpability dont go directly blaming it on the drink(let them do do that).

the fact your in employment and have secure accommodation is a positive in not getting sent down.

[Jay2511]

I live in the north west of England. I have my psr on the 2nd of may. And yes I will show remorse because I am remorseful ... Very . This has really opened my eyes to how a drunken fight in town can escalate and how quick your life can be turned upside down from a stupid mistake... I no longer take things for granted like my girlfriend and family . I have some character references is this what you mean when you say letters from people ? And will the fact that I am doing things like trying to get involved with the one punch can kill scheme help ? And should I write a letter my self ? I know the kicking is the big thing in all of this , I just can't believe I did it . I'm gutted !

[craft1948]

I hope you get sent down, any violence is abhorrent............

[ronnietoon]

did you plead guilty in magistrates?

[Jay2511]

I agree it is disgusting. I was just after advice though not what you hope.

[Jay2511]

Yes I pleaded guilty as early as I could.

[society]

The judge would remind you how drunk you were that night, and tell you that drunks have no control over their actions.

[Jay2511]

Just a quick question though craft1948. Do you believe every single person that commits a violent offence should be sent down ? Using tax payers money to feed them give them clothes etc ? I agree I have done wrong and I need to be punished but I spent last year on the dole using tax payers money and i hated it and now I have finally got my self off it and am providing for my self and I could be sent away claim tax payers money come out be unemployed again and claim more ? I do not want to do that , throw hundreds of hours of community service at me that will punish me ! As I said I'm not a violent person so I do not need rehabilitating . Every one makes mistakes so for you to have such a narrow minded opinion I think it's crazy.

[Jay2511]

One of the main reasons I have gone to seek help from a doctor for more alcohol awareness ... society.

[WyeDyed]

jay2511, this an open forum; you will meet opinions here, some helpful, some not.
Stick with it, there are legal experts here that can help.
You have put your question in the right section and some will help when they read it.

[Jay2511]

Wyedyed yes I appreciate that. Everyone is entitled to an opinion ... Just not what I needed but I guess it comes with the territory of posting on forums and I was expecting an answer like that but I do think it is narrow minded that is all. Thank you any one with advice it does help. I have it in my head I am going to prison I have done wrong and need to be punished but I don't think prison is the answer when I have so much going for me and when I do get out ill find it even harder to find work than last year due to prison being on my record ...

[ronnietoon]

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/assault_occasioning_actual_bodily_harm/ this might help you,also i know someone who was sentenced for ABH in the north west(preston) with aggravating factors(no kicks but other ones) they got a high level community order its all about luck of the draw on the day.

with regards to the letters for the judge people with letters after their name/or themselves in a position of trust are gold.

[Canary42]

On balance, assuming you've told us the truth and not missed anything out, I think you deserve one more chance. Judge may not see it that way however as this is your third "offence", although your record subsequent to the second appears exemplary and positive. Your counsel should be able to make all the points you raise with more eloquence and may get you off with a suspended sentence.

Perhaps the forum's barrister will come along tomorrow with a more experienced view.

Good luck.

[WyeDyed]

All I can say is, "check in tomorrow"
Good luck.

[Jay2511]

Thank you so much for the advice you have given. Like I keep saying I know I have to be punished but prison really will wreck my life. The amount of nights I spend up on my laptop reading other stories and googling things that may give me info is unreal. If only you could turn back time :-/

[EDDIE51]

What ever else happens you are now never going to be able to get a job as a teaching assistant or anything to do with children / vulnerable people. This conviction will show on your CRB check for the rest of your life.

[princemac]

Police will always try and prosecute anyone even if they know it was self defence as they believe it sends out a message to society they will not tolerate any kind of violence.I would state to the judge that it was a case of self defence,the other party started the affray you defendered yourselve to your best ability and was frigthened that if your attacker had got up from the floor you could of received further attacks and life threatening injuries.You now come to the court to seek remedy,you had the right to defend yourselve under common law and feel remorse not to your actions but to the outcome which was partly out of your control.Allways use the word attacker,dont use his name or point to him keep using the word attacker.If what you are telling me is true then in short some idiot started the fight and you finished it.

[Jay2511]

Hello for any one out there who reads this and may end up in a similar situation , I went to court ... I was close to getting sent down. The judge asked to see the CCTV , I saw it to . The girl who gave a statement lied and said I kicked the guy 11 times. CCTV showed me kick him at least once maybe twice. Also showed him start it and me try to walk away. The judge said you can never kick any one while they are down which I agree with. Ended up with a 3 month sentence suspended for 12 months , probation and a fine. Was very lucky CCTV helped me out. Just wonder why it wasn't shown earlier would have had me worrying less. BUT I have learnt my lesson, the thought of going to prison is the worst feeling in the world when you care about your life. I can now carry on with my business and me and my girlfriend got engaged. Thank you for the answers off the people who tried to help.

Jay