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Will I have to go to court for first time ABH charge? And what is the likely outsome?
got very drunk last week and stupidly hit someone for what was basically no reason, we then rolled around a little before i came to my senses and got up and walked away. The chap in question then followed m outside and cornered me in alley and started shouting abuse at me and tellng me he was going to kick my head in etc etc. Luckily his girlfriend was preventing him from actually fighting. I was very apologetic and offered to buy him a new shirt to replace his by now slightly ripped one...I then made another mistake and told him as I had no money on me at that point I gave him my name and the company I worked for and told him to call me tomorrow and I'd give him the cash. This seemed to calm him down and he left. The following day he called me to confirm I worked where I had stated. Anf the following day I was escorted off th premesis by police after being arrested for assault.
My question is what is my likely outsome? Will charges be brought? I dont plan to admit to the original punch and just go with the rolling around on the floor...
This is my first offence, and have never received a caution or anything before. i also work for quite a good bank who will fire me if i get a record...is this likely to go to court??
My question is what is my likely outsome? Will charges be brought? I dont plan to admit to the original punch and just go with the rolling around on the floor...
This is my first offence, and have never received a caution or anything before. i also work for quite a good bank who will fire me if i get a record...is this likely to go to court??
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This will most likely go to court (if you have been charged and the police are involved), and you will be convicted. If the circumstances are as you say though, I would be surprised if you receive anything more than a fine. But of course, that's not your concern. Losing your job and harming your reputation, is.
It will go in your favour that you 'came to your senses', offered to compensate the victim, and gave all your details, even in the knowledge that further consequences could arise.
Have you actually been charged yet though? If you have his contact details maybe you could apologise again and appeal to his better nature in the hope he asks the police not to charge you. It's a long shot though.
It will go in your favour that you 'came to your senses', offered to compensate the victim, and gave all your details, even in the knowledge that further consequences could arise.
Have you actually been charged yet though? If you have his contact details maybe you could apologise again and appeal to his better nature in the hope he asks the police not to charge you. It's a long shot though.
Hmm....thanks for the advice. I haven't actually been formerly charged yet, or questioned. They took me into the station but there was no investigating officer so they bailed me to go back on Friday. I don't have the guys number or contact details unfortunately to appeal to his better nature. Should I go on Friday with a lawyer or does that just make me look even guiltier? Do the police have the power to just issue a caution or not? Will they pretty much always proseute in this type of case?
dct013,
Take a good solicitor and he/she will try and get you a caution. The police caution if you get one is not a conviction and should help you with the employment situation. The Officer in the case (OIC) will weight the evidence CCTV witnesses etc and if he/she thinks a court case can be won then it is a matter for the CPS. As for not telling ALL the truth, make sure you tell your solicitor EVERYTHING and they will advise you of the best way to answer the police questions. In interview if you try and lie or are clever etc. the interviewing officer will know ( they do it all day everyday ).
Police Officers are very busy people and if a caution is appropiate under the circumstances they will tell the solicitor if he asks them.
BEST OF LUCK
Take a good solicitor and he/she will try and get you a caution. The police caution if you get one is not a conviction and should help you with the employment situation. The Officer in the case (OIC) will weight the evidence CCTV witnesses etc and if he/she thinks a court case can be won then it is a matter for the CPS. As for not telling ALL the truth, make sure you tell your solicitor EVERYTHING and they will advise you of the best way to answer the police questions. In interview if you try and lie or are clever etc. the interviewing officer will know ( they do it all day everyday ).
Police Officers are very busy people and if a caution is appropiate under the circumstances they will tell the solicitor if he asks them.
BEST OF LUCK
I'd strongly advise that you take a good solicitor with you to the police station. My boyfriend was charged with ABH a few months ago and refused the offer of a solicitor when he was took to the police station, which turned out to be very stupid and the whole thing got dragged on for 6 months.
There seems to be a very thin line between section 14 Assault and Section 47 ABH, I wouldn't have thought punching someone to the face would be classed as ABH.
There seems to be a very thin line between section 14 Assault and Section 47 ABH, I wouldn't have thought punching someone to the face would be classed as ABH.
the police couldnt see me for some reason so i had my bail date put back to octover 5th to go back in for questioning. got myself a lawyer who seems to know what he's talking about, but he's costing me a small fortune! 250 an hour!! lawman, if you're making that kind of cash good on you! he thinks it seems quite a simple case and hopes for a caution to be agreed with the police, but it obviously depends on what this guy has said.
out of interest, does anyone know that if he does want to take it to court and the police feel they have a case, whether there is a chance for out of court settlement, where i do not accept liability buut basically try and pay him off? michael jackson seemed to be able to do that but not sure if thats the american way or not??
out of interest, does anyone know that if he does want to take it to court and the police feel they have a case, whether there is a chance for out of court settlement, where i do not accept liability buut basically try and pay him off? michael jackson seemed to be able to do that but not sure if thats the american way or not??
dct013, i am in the same situation. I ended hitting someone for no reason, and can't really remember it happening. I was arrested afterwards, and spent the night in the cells and had an interview in the morning. What did you use as a defense,seeing as there was no reason for it in both cases? My position seems to be indefensible at the moment, but i am also hoping for just a caution. Any help would be good. Thanks
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