Court Summons For 2 Weeks Time!!

[lsharp]

Finally received a court summons today after waiting 4 months, the solicitor that I would like to use (they do legal aid) are meant to be calling me back tomorrow, bearing in mind my hearing date is 16th April do people think I'm going to be able to get a solicitor in time? Obviously there closed Friday and Monday and I'll need to see them once or twice before the hearing, they need to access things hear my side etc I am pooing it incase I can't get legal solicitors as there won't b enough time what do people think??

[emeritus]

http://www.theanswerbank.co.uk/Law/Question1409765.html

[lsharp]

Why have you sent me that?

[emeritus]

Because you have asked for advice and I thought it would be useful for people to have some background into your case. Apologies if you think it unecessary

[New Judge]

I'll try not to be too "prim & proper" this time.

You should be able to engage a solicitor by 16th. They will probably not need to see you more than once before your court apperance. You should be aware that the eligibility for Legal Aid is now considerably restricted. In general, if you have a non-benefit income of more than aboyy £11,500 per annum you will not be granted Legal Aid.

[lsharp]

I really hope so :( I receive income supper so automatically qualify
Thanks for responding

[lsharp]

Income support sorry

[EDDIE51]

Rest assured 'Common assault' is NOT a prison sentence.

[EDDIE51]

Make certain the solicitor knows the entire story of the violence you have suffered from your partner.

[lsharp]

Thank you I will do I'll make sure they no everything! According to my summons iv been charged for "beating" both my ex and his partner! I'm not capable of evening throwing a punch let alone beating both of them at the same time!!!

[New Judge]

Sorry to get too bogged down in legal niceties again, Isharp, but "assault by beating" is a term used when Common Assault involves "battery". You can be charged with common Assault even if no contact took place. In these cases the prosecution has to prove that the alleged victim was in fear of violence. However, if unlawful contact did take place that constitutes "battery" and the common assault charge would be worded as "assault by beating." So that's where the "beating" comes in.

[lsharp]

oh right i see i did wonder why it said that!! it makes me laugh that they have lied out there ears how could i possible "beat" a grown man and woman at the same time!! does anyone no what the worst possible outcome for 2 common assault charges can be as im *** it lol iv got 2 children to look after....im assuming it is 2 assault charges as 2 people are named on the summons, i do have a caution for slapping him the previous year but no other record or convictions etc

[New Judge]

Common Assault is the least serious of all the “offences against the person”. It carries a maximum of six month’s custody although it is unusual for a custodial sentence to be imposed because an assault at the more serious end of the scale would result in a more serious charge such as ABH or GBH.

I don’t know the details of the offence with which you have been charged as the two questions I have responded to (the first about how long they have to summons you and this one about getting a solicitor) give no description.

[EDDIE51]

NJ details here
http://www.theanswerbank.co.uk/Law/Question1388773.html

[New Judge]

Thanks Eddie. I thought I had not seen it.

Your solicitor will advise you properly, Isharp, but he may suggest that you plead not guilty on the basis of self-defence. Although you struck the first blow, if you can show that you had an immediate fear being assaulted and that hitting him was the only way to remove the threat then you are entitled to use reasonable force. As far as the second assault goes (by the girlfriend) the same principle applies. But it is really very difficult to advise you without all the details (witness statements, etc.) and that is what your solicitor will do.

Whatever the outcome, whether you plead guilty or are convicted following a trial, the sentence is not likely to be severe. The offence is aggravated because it is seen as “domestic violence” but it otherwise sits at the very lowest end of the scale of seriousness. I would not be surprised if you were given a Conditional Discharge.

[lsharp]

thank you :) you have been a god send x

[EDDIE51]

Thanks NJ , a conditional discharge would be my bet as well.
Isharp do not worry, the courts see this everyday they WILL belive you , your case is stronger than you think. Your solicitor is the best to advise you but I would also say go for ' not guilty ' due to self defence .

[lsharp]

thank u i have a solicitor now seeing them on tuesday so we will go from there, but to be honest it was self defence, ok i slapped him first but that was only because i no what he is capable of and she got out of car and hit me in which i have my own photos of this and my hair been ripped out...so obviously i reacted....there was no witnesses just us which has really annoyed me as its 2 against me!!