Common assault

[martha1964]

What is the likely sentence if found guilty of common assault in magistrates course for a defendent pleading not guilty? Defendent has no criminal record and injuries sustained by alleged vicim was cut lip.

[New Judge]

Common Assault is contrary to Section 39 of the Criminal Justice Act 1988. It is a �summary� offence (that is, it can only be heard in the magistrates� court) and the maximum penalty is six months imprisonment and/or a �5,000 fine.

The Magistrates� sentencing guidelines for a first time offender pleading not guilty suggest a community penalty. The defendant may persuade the Bench to reduce that sentence to either a fine or a Conditional Discharge if the injuries were slight. They may order compensation to the victim, and a contribution towards prosecution costs (which in most areas is about �250 for a summary offence which goes to trial) will also be ordered.

A guilty plea would almost certainly avoid a community penalty.

[Vesper99]

The starting point for Common Assault is a community penalty. Supervision is not necessary for a first offender and therefore unpaid work may be the outcome. However, the penalty may be increased or decreased in view of the many different circumstances surrounding this kind of offence. It may result in a fine and compensation to the victim.
Costs are considerably higher if you are found guilty after a trial than if you plead guilty as soon as possible. If you are guilty it pays to admit it.

[martha1964]

Thank you very much for those informative answers. How likely do you think a custodial sentence would be?

[New Judge]

Extremely unlikely, from what you have said.

[seatrout]

Is this a domestic incident - it will make a difference to sentence

[martha1964]

Non domestic.

[seatrout]

In that case New Judge is right - but a bit low on the costs figure after summary trail

[anonws]

what if the offence was domesic, how does this alter the sentance/fine etc

[aimee570]

my partner is awaiting a court hearing accused of common assault on our child. when finding a solicitor what will they need to specialise in, will i need a specialist on common law or criminal law?

[aimee570]

my partner is awaiting court accused of common assault on our son, when finding a solicitor which field will they need to specialise in? I think its either criminal law or family law but am not sure.

[gemie10]

common assault domestic violence section 39 second offence

[gemie10]

common assault domestic violence 2nd offence

[jasonjones]

i was assulted saturday night 10.30 pm ,, a guy called to my house and asked me to move my car , i went outside to move it when the guy grabed me around the troat accusing me of talking to people on the street about his ongoings . i tryed telling him i know nothing about wot he was talking about ,he let go of my throat and i opend the car when he grabed me again , he did thi about 12, 13 maybe 14 times , ive reported this to the police wot happens now ?