Common Assault Help Please

[Tobytibbs]

Hi there sorry not sure how this thing works. Recently I was traveling home on a train at ten pm when a guys opposite sitting with his girlfriend started talking towards me how I was pretending to talk on my phone. I passed him the phone to try to defuse the situation and prove I was talking to my friend but he carried on. I then got up and approached him. We then got into a fight. I can't honestly say I didn't hit him first as I can't remember but I remember shouting at him saying how dare you hit me. After a scuffle I pinned him down in chairs but as soon as I let go he jumped up punching again. I pinned him again and this time he bite my wrist. I let he go again and as he lunged at me I head butted him which knocked him out. I didn't run to do it he was infront of my face. After he was down I just sat down and waited for the police. I thought the CCTV would clear me but it's not available for some reason and now I'm getting charged with common assault. It started as abh but has been dropped? Can anyone please help with what I'm looking at. Iv got no previous but I have got one nfa from two years ago. Thanks in advance.

[Orderlimit]

Hi Toby

Intention is not really an issue with the lower graded assaults but what has your solicitor advised?

[murraymints]

What do witness statements say ? ...if there is no cctv I'd go with self defence mitigation, but I'm no legal beagle !

[EDDIE51]

Toby the point is that you made the first move by getting up and going over to him, that is what the court will look at. If you had just ignored him and he then came over to you that would have put it in a different light.

[Tobytibbs]

No my first name is Toby and nic name is tibbs but thanks. Good advise

[Answerprancer]

"I'd just like to remind a few members here that Law is not a place for judgement. If you can't help, don't answer. No one cares about your moral objection"

I couldn't have said it better, I DIDN'T have said it better - perhaps I should have left out the rude word ;-)

[murraymints]

It could be argued you only approached him in an attempt to placate him, by proving you were speaking...not to challenge him or to be confrontational in any way, you were merely trying to diffuse a potentially ugly scene...but that he was intoxicated and rebuked you in a violent aggressive manner...

[Tobytibbs]

Thanks murraymint. The reason I got up was to give him my phone so he could talk to the people on the phone to prove I was talking to someone and stop the Micky taking. I wish I just got up and left now. But I can't changed what happened. He took my phone and spoke to my friend then carried on.

[murraymints]

I'd still go the self defence line especially if he had been drinking ! Good luck.

[Answerprancer]

You just don't get it do you Jordyboy.

[joko]

thing is , saying you don't remember, or even you blacked out, are common excuses used by people who are guilty.
they believe it somehow sounds less bad, as though they are not responsible for it as they didn't know they were doing it - but it doesn't as most don't believe them, so it just sounds like someone trying to get out of something.

some things are ok to forget and understandable, such as how many times you hit him, or exact conversations - but if you were sober there is no reason at all why you cannot remember if you hit him first.

you also say you did not him, but before said you headbutted him ... so you did hit him.

[Tobytibbs]

Thank you all for your help. I was in court yesterday and the case got thrown out. The partner of the victims statement was clearly lies and the only imderpendant witness statement was the same as mine. Maybe the system does work. Cost me a sma fourtune in travle just glad it's behind me. I have learnt from it and next time I hope I say nothing and just move seats. Thanks again

[ummmm]

Good news, well done.

[EDDIE51]

Well done . learn and move on.

[New Judge]

When you say "it got thrown ou" do you mean you had a trial and were acquitted (i.e. found not guilty)? Or has it been discontinued before the trial. I'm just curious.

[WORLD-OF-ACCESS]

Its very simple you wont go to jail unless you mess up. You had a fight and sounds like you were mostly in the wrong. So go to court on the day and ask for the duty solicitor they will sit in a room and tell him your story you have two choices

Choice 1 :- Plead not guilty and spend months going through the legal system possibly to crown court and there are two possible outcomes

a) not guilty end of story
b) guilty you get 4 x the sentence you would have got before because you've wasted the courts time and not shown remorse

Choice 2 :- Plead guilty (which you are from your story) and show remorse get a slap on the wrist/fine and a criminal record.

Also try following these basic "getting off at magistrates court" rules :-

Get your family to sit at the back of the court not a group of drunk mates,
Dress as smartly as you can,
Don't go into the court and sit at the back wait outside until you are called
Look down at the floor sadly unless being talked to directly.
Hold your hands behind your back dont put them in your pockets,

and never ever act cocky,

What I mean is act like the coming to court is enough of a punishment and that you have learnt your lesson already.

When they give you a telling off agree by nodding and looking sad take the fine then tell them your skint and can only pay £20 a week

[shoota]

Why are you dragging up old posts World?
This person has already been to court.

[DJHawkes]

new member? showing off?

[WORLD-OF-ACCESS]

Showing Off DJhawkes ? What was I doing juggling while standing on a bar stool ?? New member yes and I only read the first page by accident.