My Son Has Just Been Charged With Assault By Beating

[Reagansmum]

My son is 18 and has been charged with assault by beating 2 people, there was a group fighting, this is first offence and since the arrest last year he's stayed away from the group is working hard and has a promotion so worried what will happen to him

[maggiebee]

Unfortunately if you fly with the crows you get shot with them. Having said that, it is his first offence and he seems to have worked hard to put this behind him. His solicitor should be able to make a good case for him in court so hopefully a fine should be as much as he gets.

[B00]

If you're asking what his sentence might be you're better off putting your question in here...

https://www.theanswerbank.co.uk/Law/

[Buenchico]

'Assault by beating' is simply an alternative charge to 'common assault' and, as such, is the very lowest level of assault charge.

While it can theoretically lead to a prison sentence that can't happen unless the magistrates view the offence as at the very top end of 'Category 1'. That would require both 'harm' and 'culpability' to to be seen as 'high. (e.g. where the offender had deliberately sought out a vulnerable person to attack them, leaving them greatly distressed for a long period of time). The type of offence you've referred to will fall into either Category 2 or Category 3, meaning that your son CAN'T be sent to prison (which is probably what's worrying both him and you).

The most likely outcome will be a community order (i.e. some unpaid work or similar) or, if it's only seen as a Category 3 offence, possibly just a fine.

See pages 189 to 192 here to read exactly what the magistrates will have in front of them when considering their sentence:
https://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG-April-2017-FINAL-2.pdf

[nailit]

I once served a 3 month prison sentence for the same offence *BUT* I was in breach of a conditional discharge and had previous for similar offences. No need for your son to worry about a jail sentence. As Buen states, most likely outcome a community order.