Section 39 Assault

[Chino-01]

I was put on a conditional discharge 6months ago for 3x section 39 and was arrested a couple of weeks ago under influence of alcohol for Another 39 on my 15 yr old son can I expect jail

[Buenchico]

Irrespective of previous convictions, a custodial sentence is only available to magistrates for a Section 39 offence if it's classed as 'Category 1' (and even then then 'starting point', from which magistrates have to work up or down, is still only a 'high level' community order).

To be classed as 'Category 1' both 'harm' and 'culpability' need to be classed as 'higher'. While an attack on a minor might see one of those factors pushed into 'higher' it's probably unlikely that both would be (but, of course, it would depend upon the specific circumstances and the level of injuries sustained).

See here:
https://www.sentencingcouncil.org.uk/offences/item/common-assault-racially-religiously-aggravated-common-assault/

[Chino-01]

He ended up with a fat lip and couple of scuffs on his back. He came down mouthing at me and his mother and I seen red I have been sober now for 9 days and sought alcohol counciling

[Buenchico]

I'm not a lawyer or a magistrate but I've spent the better part of half a century reading court reports (and, during my journalism training, done a bit of court reporting myself). I'm also not a gambler but, if I was, I'd be prepared to lay a very heavy bet on you avoiding prison. (Even if a custodial sentence is passed, which seems unlikely, it would almost cetainly be suspended).

BTW, I also spent 15 years teaching 15yo lads. I'd actually be worried about any who didn't 'mouth off' at their parents occasionally! It's normal. Learn to live with it!