GBH with intent

[Fru124]

I was arrested on Saturday night past there has been no charge as of yet laid against me but I have to go and see the Police again next Sunday for clarity. I was arrested and I think the charge will be GBH with intent. What happened exactly was that I was out and with a firend and this guy kept on coming over and trying to start something, a few times we asked him to leave us alone and he did but he kept coming over and the final time i thought he was going to strike me from the way he came at me so i struck him just the once. I wasn't arrested there and then however the CCTV footage apparently shows me hitting him.I was susbsequently arrested and my clothes were taken off me for analysis.I have never been in any trouble at all with the police in the past not even for speeding or anything like that. I am borderline suicidal with all the worry if I am charged i could lose my job and my whole life i am due to get married next year yet how could i start a life with no job? Finally would I be looking at jail time or a suspended sentence? Would it affect my chances of going to the US in the summer for my honeymoon?

[dh001]

Hi Fru124: Firstly, why do you state the offence of GBH, what injuries did the complainant sustain and secondly, were you legally represented at the police station?.

[Fru124]

The victim has a broken nose according to the police,.The police stated GBH with intent though I have not been formally charged with anything yet. I was not represented at the police station at the time as I was drunk and it was about 3 in the morning, this is the first time i have ever had anything like this against me.

[daffy654]

GBH with intent is a charge usually reserved for far more serious injuries than a broken nose. I doubt that is what you will be charged with.

[Fru124]

I hope it isn't even a charge just a caution as I have said i am practically a model citizen so really should I be made to pay for one moment of weakness? I know the law is there for a reason I haven't even got a speeding fine against my name, I am really worried about it going the whole way I would subsequently lose my job and my whole life would be ruined.

[dh001]

Fru124: A common broken nose would amount to a charge of Actual Bodily Harm (ABH) and not GBH with intent. Unfortunately, alot of police officers think a broken nose amounts to GBH with intent, but it doesnt. (GBH with Intent is a very serious offence).

(for your info, suspect clothing is seized as a matter of procedure in offences including assaults and not just reserved for serious crime).

From your disclosures, you have admitted to assaulting this individual but raise the issue of self-defence which is a statutory defence to unlawful assault and a matter of law. A person can not be convicted for assault if they satisfy and prove to the court it was in self-defence and therefore lawful. This is where you are going to need the advice of a solicitor if you don't fully understand the offences of assault. (I understand legal advice is still free when you are at the police station, perhaps a legal bod here can advice as I am unaware of any recent legal aid changes).

I note you say it was 3am and you were drunk, can you confirm that you were formally interviewed by the police ? If so, did you accurately reflect the circumstances mentioned here in your formal police interview?. Also, you say you were arrested 'there and then', just confirm what happened. Do you know if the CCTV shows this individual approaching you and what was his motive?

You were released on police bail to re-attend next week which usually means there is insufficent evidence to charge you at present or the Police need to seek advice from the Crown Prosection Service (or both). I

[Fru124]

I wasn't interviewed at the police station no, I thought the reason I had to go back next sunday was because I was drunk and they wanted to interview me when sober. I am unsure whether or not the other person wants to bring charges if he doesn't does that mean I can still be charged? I really just want this whole sorry episode to go away even ABH is too serious an offence as it would go on my record and I do not want it to do so, I am so remorseful it is unbelievable. The victim must have came over about 3 times beforer he came over the time he was then involved in the altercation I felt that he was coming over to strike as he seemed angry at the fact we had told him to levae a few times before hand is that sufficient to argue that it was self defnce, something tells me no.

[dh001]

If the complainant refused to make a formal complaint to the police and provide a statement of facts then your version of events would pretty much be uncontestable, depending what the CCTV shows and any other available witness evidence. Do you know why the police attended, i.e. did this happen at a pub or something and the police were called ?, if so did you see them talking to the complainant and you were picked out?.

Also, why was it necessary for you to tell this individual to leave and is he totally unkown to you.

Basically if you can prove self-defence then officially you can not even be cautioned.

[Fru124]

The incident happened outside a nightclub, the individual in question was coming over giving me and my frien abuse we asked him to leave and he wouldn't then he kept on coming back mnore and more and eventually he made a move i felt threatened and lashed out, it is completely out of character for me I am so asheamed of my actions.

[dh001]

Fru124. Ok, well if it was me, I would attend the police station and ask for the solicitor, who will advise you accordingly, protect and advance your rights etc. Hopefully your friend can back up your version of events and the CCTV show this individual approaching you in an aggressive manner. The fact you struck him once helps the situation as commonly people will go on and throw more punches / kicking and go past the level of self-defence. If you are 100% sure you acted in self-defence then yo ushould be fine, even if charged it does not mean you are guilty but the police and CPS want a court to jusge the claim of self-defence,

[Fru124]

I hope so my friend can co-orrobrate my story as he was there and he sort of knows the person involved, I have to go on Sunday and speak to the police I hope it all goes well and something can be done with regards to this, as this flash could end my whole life literally.

[dh001]

At the police station will be informed of your legal rights and advised of your entitlement to speak to an independant solicitor free of charge so speak to a legal representative unless you qualify for legal aid now or can afford one etc. Many people believe that claiming self-defence at the police investigation stage will automatically exonerate you and wont be charged. If the case is one of obvious self-defence then hopefully the police / CPS will know its a non-runner and you will be released etc without any charges. Also, do not accept any offers from the police that if you admit the offence they will 'let you off with a caution' unless a legal rep advises you to do so. (as there has to be sufficient evidence to charge to be able to receive a caution).

Also, do not worry about something that may not happen.

[Fru124]

I am not going into deny the goings on i am willing to state i did hit this person only because I felt threatened by his demeanour and the way he was behaving could I receive a caution there and then from the police? Dont be stating about dont be worrying about something that hasn't happened because it already has I have put myself in this mess and I want to know what is the best way to rectify the problems. I would take a police caution if it meant it stayed off my record i would take it gladly.

[dh001]

A Caution will go on record, so you would have a criminal record. Read the answers.

[Buenchico]

(I've tried to post this answer several times, but it's not shown up. I apologise if it suddenly appears two or three times)

As has been stated, GBH with intent is an extremely serious offence. It's akin to 'attempted murder' and carries the same maximum sentence of life imprisonment. Even the lowest level of assault classed as 'GBH with intent' carries a hefty prison sentence. Unless there are extremely exceptional circumstances, judges are obliged to sentence a first time offender (convicted after a trial) to between 3 and 5 years imprisonment. Up to one third can be deducted for an early guilty plea and the actual time served in prison is usually only half of the judge's sentence. Even so, that means that (if you plead guilty to GBH with intent) you're likely to spend at least 12 months 'inside'.

[Buenchico]

However your description of the victim's injuries suggests that an 'ABH' charge is more likely. Unless there are extremely exceptional circumstances, a judge is obliged to sentence a first time offender (convicted after a trial) to between a 'medium' Community Order and 26 weeks custody. The 'starting point' is a 'high' Community Order, with the judge moving the sentence up or down depending upon the circumstances. Since an early guilty plea pushes the sentencing range downwards, IT'S EXTREMELY UNLIKELY THAT YOU'D BE SENT TO PRISON IF YOU WERE TO PLEAD GUILTY TO AN 'ABH' CHARGE.

Read this to see the definitions of the different levels of assault:
http://www.cps.gov.uk...s_against_the_person/

This is the document which judges must refer to when considering sentence:
http://www.sentencing...inst-the%20person.pdf

'Self-defence' can be very hard to use as a valid defence. You would need to establish that your actions were the only ones possible under the circumstances. (e.g. if you felt threatened, why didn't you simply seek to run away? That's the only lawful means of 'self defence 'unless the circumstances prevented it). Let your solicitor guide you as to whether it's best to pursue such a defence, or better to enter a guilty plea to 'ABH'.

Chris

[Fru124]

Right this is the last time I will be in touch till after I go and see the police so honest advice here people please no need for sarcasm as i dont make a habit of getting arrested and I dont intend on doing it again. I have just learned the injured party will not be pressing charges but the police have CCTV footage although I am not sure what exactly can be seen from it, would this mean I would get a caution as it is my first offence, and not have a day in court? Again please honest answers I have already informed work and i think I could be ok if it is merely a caution. I was informed by my solicitor that the charge woill most definately not be GBH with intent as there have been several serious assaults in this area in recent times and most arrests to do with fights are on this but when it comes to time for a charge as such it will be a lesser charge, could this be then changed to affray or even a public order offence if I admit my part? I do not deny hitting the person involved however it was not a un-provoked attack either I thought he was going to hit me so I hit him first i have read so much literature on this since sunday it is un-believable then Panorama last nite just changed my whole perspective.