Will I Go To Prison For Common Assault On A Police Officer On Duty? I Have A Previous Conviction For The Same Offence?

[Amyunknown20]

Please help me. I was at a hotel with my boyfriend arguing, we were asked to be quiet and we carried on for a small amount of time and got I to bed. Then he police banged on the door. The hotel manager carries me out, I was shouting that I wanted all my thing or hey would be stolen (which most of them have) I was dragged out and in a state after I had been drinking as it was new years eve. Three men were dragging me out and I just tried to get everyone away ans accidentially hit an officer near his mouth. This is soo out of character for me to do this unless I am paralytic drunk, this has happened before and I was charged and given a fine suspended sentence and community service. Once I had touched the officer I screamed I'm sorry I'm sorry I'm sorry, while all hotel staff laughed. He threw me to the floor and cuffed me giving me a black Reyes where he hit my head so hard and my legs are so cut and bruised I can barely walk. i am 20 years old and have good grades and a good job. I am 5.2 and 7stone not a big person to hurt a man.He says I clenched my fist and punched and hit my head on the door which is so untrue. I am so scared I can't eat r sleep will I to jail because it happened before??

[murraymints]

if you are under suspended sentence then..quite likely...

[Mosaic]

From your description of this event I'd regard it as a wake up call to turn your life round. Making this intention crystal clear during the interviews that will follow can only help any sentencing that you may be given.

[Maydup]

I think you need to be honest with yourself and admit that it can't be "soo out of character" when you already have a suspended sentence for doing it once before.

The best you can do is convince everyone including yourself that 2013 is the year in which you'll grow up and be a better person.

[SC00BY]

"unless I am paraletic drunk"

Firstly, i'd quit drinking!

Secondly, yeah if you are the subject of a suspended sentance, then more than likely.

[jd_1984]

A suspended sentence is a legal term for a judge's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that period, and fulfills the particular conditions of the probation, the judge usually throws out the sentence. However, if you have previous, it may not matter, and the judge, once there is sufficient room in prison, may decide you must serve the remainder of the term in prison.

[Amyunknown20]

The suspended sentence finished about 3/4 weeks ago I think. I feel like I have hit rock bottom. I will lose my job and my whole life I would not survive. if this happened to anyone anywhere else they may have not even notice me hitting them it was just because my arms were waving about and bacuse he was an officer. I am scared if I make a complaint about the force used he will make sure I go to prison but he has hurt me so bad and he has said he has a cut lip in his gum, itcouldn't have prevented it and he saw the state I was in and should have helped calmed me down as I was not in control.

[douglas9401]

I'm surprised that the attending officers allowed the manager and three men to lay hands on you.
Maybe you're 'confused'.

[Mosaic]

"should have helped calmed me down..."

Why?

[jd_1984]

Your question was "Will I go to Prison" are you also asking our opinion on your behaviour? If so then your version paints an unfortunate picture, if everything you have said is totally true. The police on the other hand have been called to a disturbance in a hotel and in attempting to exit you from the hotel at the managers request, one officer was assaulted. The judge has made his mind up, no good can come from pursuing the matter unless your legal representation think an appeal could be successful. How long ago was it, you say you have served the full term of the suspended sentence?

[Maydup]

The Police Officer had to remove you from the hotel because you were causing a disturbance. You were extremely drunk and he had to use a degree of force to control you. You lashed out at him and he had to use more force.

What part of this could you "not have prevented"?

If you admit that you were in the wrong and stop trying to blame him (after all he would rather have been enjoying New Year than dealing with you) you will have a better chance of convincing everyone concerned that you don't deserve to go to prison.

[Amyunknown20]

My suspended sentence ended but now it has happened again. If I punched him in the face then fair enough but I accidentally caught him with my hand. He should help to keep the peace and calm the situation down its their job. I was screaming get off me to the hotel man and asking the police if he could do this they let him and also took hold of me half way out of the hotel. I was happily going to leave but couldn't leave my stuff now all my toiletries have been stolen.

[Amyunknown20]

Anyway I'm just going on now. Don't worry.

[jd_1984]

Right I'm with you now so this happend shortly after you completed a suspended sentence, for the same offence? You will be lucky to escape prison time if found guilty I am afraid. But speak to your legal team, you will get opinion based feedback on here, we dont really know the full picture.

[sandyRoe]

Have you ever given any thought to dealing with your problem drinking? You seem to be someone who has serious problems with alcohol.

[Canary42]

Have you been charged again ?

If so, you may get off if you agree to get treatment for a drink problem if the judge is sympathetic, and you have a good barrister defending you.

Good luck, and do try to turn your life round, such a pity to spoil your good working record with a moments drunken violence.

[New Judge]

Just a point or two of clarification.

There is no such offence as "Common Assault on a PC". The offence is Assault PC (in the execution of his/her duty). Also there will be no judge involved in your case unless it is a District Judge (Magistrates' Court). The offence is "summary only" which means it can only be dealt with in the Magistrates' Court.

[ChillDoubt]

I doubt you'll be imprisoned however I'd take it as a final warning and give serious consideration to A. Your alcohol intake and B. Your behaviour when you've had alcohol.

A criminal record for such behaviour at such an age needs addressing, best you start making an effort.

[EdgeofDarkness]

Your lawyer won't get away with "previously of good character" because you've already been in trouble. I don't see any genuine remorse in anything you've written about the fact that you disturbed the sleep of the occupants of up to a dozen rooms around you. You need to express that, and genuinely mean it - in other words you should be ashamed of yourself for your lack of consideration. On your violent tendencies - I would guess that this is your last chance. I'd suggest that you volunteer for help from a psychotherapist. In the States it's 3 strikes and you're out. I see that as a fair system. So this is your last chance, it's not just a question of beating the rap, you have to genuinely reform.