Abh Likely Outcome

[jordie123]

Hi I have court on the 4th as a couple of months ago I was arrested for gbh as my neighbour grabbed my girlfriend while she was holding are 1.5 year old boy I came outside and pushed him and he fractured his color bone I went back to my bail an it's been dropped from gbh to abh I have no previous and was just wondering what the likely outcome will be thanks

[Buenchico]

'No previous'? What happened about the charge you faced earlier this year then?
http://www.theanswerbank.co.uk/Law/Question1394404.html

As I read it, it will be treated as a 'Category 2'offence because 'harm' will be classed as 'high' (because of the fact that the offence is regarded as being close to GBH) but 'culpability' will be regarded as 'low'.

That means that a Magistrates Court has to work up or down from a 'starting point' sentence of 26 weeks imprisonment. The court can pass a sentence as low as a 'low level' Community Order or, if they feel that a sentence of greater than 26 weeks needs to be passed, refer the matter up to the Crown Court (where a sentence of up to 51 weeks imprisonment can be passed). However those sentences can be reduced (by up to a third in the case of custodial sentences) for an early 'guilty' plea.

See pages 201 to 204 here:
http://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG_web_-_October_2014.pdf
(which,BTW, is the same link that I gave you earlier this year).

So custody is certainly a possibility but the courts usually try to keep people out of prison wherever possible, so you still stand a reasonable chance of avoiding being 'banged up'.

[jordie123]

Buenchico I got found not guilty as I didn't do nothing like I said just neighbour trying to cause me and my family stress I've already said to the police I pushed him cause I was scared for there safety

[Buenchico]

Using 'reasonable force' when 'in the defence of another' is NOT an offence.

See here:
http://www.cps.gov.uk/legal/s_to_u/self_defence/

So you need to speak to your solicitor to see whether he/she thinks that you should plead 'not guilty' on those grounds (in the hope of getting off completely) or plead 'guilty' (in order to lower the risk of a custodial sentence)