Chances of going to prison?

[wildwillywombat]

Hi

I was arrested and charged with section 18 and section 47 Assault domestic fight, after interview this was reduced to section 20 & 47. My barrister arranged for me to plead guilty to section 20 if the 47 was dropped, I am now due to get a pre sentencing report. I have never been in trouble before my 16 year old son lives with me I have a good job but do suffer from depression and am currently receiving CBT therapy. What are my chances of going to prison I am very scared I may harm myself or worse if I go to prison, I do not for minute dispute I made an error and as such should be punished but am convinced incarceration will make things worse not help rehabilitate me in any way?

Thanks
Simon

[MarkRae]

From what you've described, I'd say you'd be unlikely to receive a custodial sentence. However, this REALLY is something you should be discussing with your solicitor...

[wildwillywombat]

Thanks Mark; My Barrister will only commit to quoting guidelines and worst case scenario's he will not be swayed on giving an opinion or stats based on experience. I guess I am wondering if it is time to get my affairs in order so to speak

[MarkRae]

Believe me, he's doing that in your best interests, and is absolutely right to do so!

There is no doubt at all that there is a (fairly small) chance that you could go to prison, so you must absolutely make provision for that, particularly as regards your dependants.

At your trial, be polite and respectful. Wear a suit and tie. Make yourself look like somebody who doesn't belong in prison. At every opportunity, express your regret at your actions.

In other words, play the game...

[NoMercy]

I am not familiar with section 20, 47 or any of the others you mentioned but it does sound like there are mitigating factors in your case.

The biggest favour you can do yourself is show unconditional remorse and hope for the best.

Good luck.

[wildwillywombat]

Hi Omar

She throw a vase at me I acted in the heat of the moment and threw a piece back and it cut her leg resulting in stitches; yea I know I am an idiot should have walked away

[NoMercy]

It is not uncommon for a man to suffer prolonged domestic and emotional abuse, only to then find himself in trouble when he finally snaps.

Don't be afraid to give a full account of your history in terms of what you've had to endure.

[cathfromsaron]

your best chance will come when the court orders' pre-sentencing' reports. make sure you really give your side and explain how this individual circumstance caused the violence, and that YOU are not violent per se.

[wildwillywombat]

Thanks all for your feedback; I have my pre sentencing chat with a probation officer today, I hope they understand I totally regret what happened and for my children's sake and future the understand a custodial sentence would most likely do more harm than good

[exdc]

Hi

Please see attached link for guidelines, Sec 20 assault starts from page 8.
(Why were there two initial charges?).


http://sentencingcoun...ine_-_Crown_Court.pdf

[wildwillywombat]

Hi EXDC

She alleged I strangled her which was a lie plus the was no supporting evidence. I guess to stop me claiming self defence and the civil suit I was taking out on her for taking me for for £6k

[exdc]

Ok, thanks.