victim of assault that is going to trial, what happens now?

[chappy1980]

I was a victim of assault whilst at work and the case is going to trial at magistrates court and I was wanting to know what is likely to happen now and what sentence is my attacker likely to get when found guilty. the incident its self happened on a construction site and it was the contracts manager of the company I was working for that assaulted me, I have a witness who was only a few yards away who not only saw but also heard everything that was said, I also have a witness who has come forward who has given a statement to the police that my attacker had threatened to do this previous to the attack. Aparently he is pleading not guilty and saying I struck him first which is a blatent lie. I suffered several injuries including a broken nose which needed surgery. can anybody help me?

[THEMOTLEY1]

The trial will result in a verdict, which if in your favour may permit you to claim compensaaaaation, which you seem to have covered in your post under 'civil' law section.

[chappy1980]

thanks for the reply themotley1, I have been told by my solicitor that the criminal case will hold no bearing on this case as he claims the evidence from witnesses etc is more than enough, it was just the 'ins and outs' of the trial I was looking to find out here mate.

[New Judge]

Just a couple of points, chappy:

...what sentence is my attacker likely to get when found guilty

I think you might be better off if you considered what the sentence might be IF he is found guilty. Proof has to be presented to the court which proves the matter beyond reasonable doubt and if the prosecution is going to trial there is, alas, the possibility that the verdict may not go in your favour.

The other prosecution witnesses obviously help your case but the fact you sustained injuries does not prove they were inflicted as result of an assault, it does not prove who inflicted them and it does not prove whether they were inflicted as part of reasonable self defence.

As far a a possible sentence goes, the maximum sentence for common assault (which I assume is the charge as you have not said otherwise) is six month’s custody, though many first time offenders are dealt with by way of a conditional discharge or a fine. It surprises me that the charge is common assault in view of the severity of your injuries. This may aggravate the matter quite considerably and may lead to the sentence (IF a conviction is secured) being racked up to a community order.

[EDDIE51]

As New judge has said we need the actual offence code that your assailant is charged with. A broken nose that needed surgery plus other injuries would normally rate as ABH or even GBH. Again as NJ so correctly points out a trial is by no means a certain guilty verdict.

[chappy1980]

it is infact ABH that is the charge against this person, the main witness was stood 5 yards away and saand heard everything and he was the only person to witness the attack. I have heard that the person is trying to claim self defense and is saying I attacked him first ( he had a red mark around his ribs where I tried to fight him off), I know it is not certain but surely people cant just go around attacking people at work in broad daylight infront of a witness and then et away with it just because he said he did not do it?

[cathfromsaron]

there is no guarantee he will get anything very much - or even imprisonment at all - EVEN if he is convicted! i would not get my hopes up!

[chappy1980]

it is also not his first offence as he has been to prison before for a similar offence in which he hit his girlfriend while she was carring hid own baby.

[cathfromsaron]

they may not know that, until sentencing!

[chappy1980]

cath- but if found guilty ( which if he doesn't will for me be absolutely ridiculous) surely that will be taken into account at sentencing?

[EDDIE51]

ABH is only rarely punishd by a prison sentence. The previous conviction will count against him but it is still very far from certain that he will go to jail if convicted.