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Arrested For Common Assault? What Next?
11 Answers
Yesterday my husband was arrested for common assault. He was realeased the same night under investigation.
We are both really worried about what will happen and so any advice anyone has would be great.
The short version of what happened is he made a comment in a gift shop which upset a woman. She called him rude repeatedly in a raised voice. He answered back and she came up close to him and put her finger right in his face. He told her to move her finger and she said she can do whatever she wants and then punched him in the face (he has a mark on his face from this). He then hit her and she tried to hit him again. At this point he held her by her hair to keep her away from him. Then a man pushed him and started yelling at him that he couldn't hit a woman (even though she hit him and he was defending himself?) I got between the man and my husband as I was sure if I hadn't that the man would have hit my husband. Then the staff arrived and we moved away from the scene. We were told by the staff that the police were being called and so we waited for them. But when the police arrived they didn't even listen to what we had to say they just arrested him because the woman made an allegation against him.
We have now made an allegation back but were told that the woman would not be arrested (no idea why).
What is likely to happen to him?
Sorry this is so long!
We are both really worried about what will happen and so any advice anyone has would be great.
The short version of what happened is he made a comment in a gift shop which upset a woman. She called him rude repeatedly in a raised voice. He answered back and she came up close to him and put her finger right in his face. He told her to move her finger and she said she can do whatever she wants and then punched him in the face (he has a mark on his face from this). He then hit her and she tried to hit him again. At this point he held her by her hair to keep her away from him. Then a man pushed him and started yelling at him that he couldn't hit a woman (even though she hit him and he was defending himself?) I got between the man and my husband as I was sure if I hadn't that the man would have hit my husband. Then the staff arrived and we moved away from the scene. We were told by the staff that the police were being called and so we waited for them. But when the police arrived they didn't even listen to what we had to say they just arrested him because the woman made an allegation against him.
We have now made an allegation back but were told that the woman would not be arrested (no idea why).
What is likely to happen to him?
Sorry this is so long!
Answers
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Common assault is a magistrates only offence . Only the very worst cases with serious harm have even a chance of a prison sentence. This case has ZERO chance of a custodial sentence. It is not even certain to go to court. If it does go to court the worst is going to be a small fine.But probably not even that, a conditional discharge is my guess.
I agree with EDDIE re: the outcome.
But I'd like to know why the woman was not also arrested. Ive had a similar thing happen to me in the past, whereby I was the one who was arrested but the person who started it (and in fact assaulted me to begin with) was not arrested, or charged.
When it comes to the law, it really is an ass!
But I'd like to know why the woman was not also arrested. Ive had a similar thing happen to me in the past, whereby I was the one who was arrested but the person who started it (and in fact assaulted me to begin with) was not arrested, or charged.
When it comes to the law, it really is an ass!
Thank you for your answers. I know we are going to need a solicitor, but from looking it up they can charge upto £300 per hour. We couldn't afford many hours! With the amount my husband earns we are 'borderline' for financial help, so for now I'm assuming we won't get any help.
I am pretty sure if he is found guilty that he won't get time, but he will lose his job and won't be able to do the same job again as he works with children.
I am pretty sure if he is found guilty that he won't get time, but he will lose his job and won't be able to do the same job again as he works with children.
You can get an initial one hour advice from most solicitors free of charge. That will at least tell you your best options. If it actually does go to court ( which I still think is unlikely) then get to the court early, a few hours before the start and ask for the 'Duty Solicitor' Every court must have one and their advice is free to all. The duty solicitor will look at the case and put forward a defence for you. They may very well ask the court for an adjournment so they have time to prepare your case. Another way is to ask your local CAB for advice.They can give advice and can arrange for a solicitor to help you free of charge.
Thank you all again. It was an EH shop and apparently there is no CCTV. At the moment he has a photograph of the mark she left on his face as evidence. We potentially have a witness which was a member of staff in the shop and I saw it all (however apparently my use as a witness is limited because I am his wife).
I hadn't thought about the CAB so thank you for that.
I hadn't thought about the CAB so thank you for that.
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