assault,abh and gbh

[focus85]

I was recently in a fight in a night club were I punched an individual in self defence reslulting in him being knocked out cold and losing his teeth.

This guy didn't want to pursue anything that evening when the police got involved as we know each other. Although the next day the police paid me a visit and told me if this guy did make a complaint
I would be arrested. A week on he has decided to press charges.

To my knowledge there are no witnesses and no cctv.

What will I be charged with? and If charged what is the likely hood of being convicted?

This individual didn't actually raise his hand to me but grabbed me and continually moved forward towards me.

I have no previous convictions.

If there is cctv how will this effect the above questions I've asked.

I would appreciated your answers especially anyone with experience in the law industry.

Thank you

[mooney1111]

no convictions you will end up with a fine

[jno]

your word against his. If he grabbed you, that would permit you to act in self-defence, though you'd have to persuade them that knocking him out was a reasonable response, which might not be easy. (Do you think it was?)

If there was a CCTV, you'd better hope it backs up your story, not his.

[jake-the-peg]

How many times did you hit him?

You're permitted to use reasonable force and even hit someone first but you have to be in fear of your own safety - you could be OK if there are witnesses to say he grabbed you without provocation.

(You seem to have ommitted telling us what the cause was and whether you provoked him in any way)

Often in the heat of the moment someone gets hit a second or third time and even again.

It gets hard to claim self defence when you've hit them multiple times.

[focus85]

to-jake the peg:

We had a verbal argument and that is when he came towards me and proceded to grab me by the arm, I told him once to let go and then he cames towards me once again.

I punched him once, knocked him out and his teeth. I then picked him up from the ground to make sure he was ok and then we were escorted from the premises.

[NORMANTHEDOG]

i bet you a lot of money,that there is cctv in the club,so the truth will come out at the trial.

[seatrout]

i would be surprised if they are no witnesses and no cctv from a night club

Depending on what account the injured party gives you could be charged with s47 - knocking him out and loss of tooth rules out a common assault and it doesnt sound like a s20

The decision to charge you or not will be taken in the light of all the evidence - if there is a realistic prospect of conviction you will be charged

[Suzieb]

It sounds to me like you'll be charged with Section 47 assault - ABH, a misplacen tooth normally comes under this.

My boyfriend was charged with ABH recentley and thanks to an excellent probation report got 180 hours community service & �350 costs.

I'm sure that there will be CCTV, which may be good in your case if it shows that you were acting in self defence.

How many times did you hit him?

[Suzieb]

Sorry just read the other post.
If the CCTV shows that he came towards you and grabbed your arm, then that's only good for you. If there's no CCTV to prove he didn't do that, then you should try to get some witnesses - bar staff perhaps?
And it's good that you only hit him once with him a pre-emptive strike, it shows that you're not viscious enough to carry on hitting him when he's down or anything like that.

[D123456A]

Hiya,

So have you actually been charged yet?

Try and get CCTV that is if you can. DON'T leave it for the police to do it. (they failed to get vital CTV footage for my boyfriend). Ask the nightclub manager, or get your solicitor to get it for you asap. even if you haven't been charged.

If he came towards you and you did everything you could before hitting him then it can be could be classed as self defence (It's just my opinion and I've not studied law so please don't take it that it is set in stone and is right).

If there are no witnesses and no cctv, it will be your word against his. I have no idea if the CPS decide to take it to court if it's just one against the other.....maybe someone with law experience could answer that.

Good luck with it and let us know how it goes.