Donate SIGN UP

section 46(1)

Avatar Image
bayleigh2000 | 07:31 Mon 07th Jul 2008 | Criminal
10 Answers
i was charged with a assault on a police women on saturday. They said i squeezed her leg. I am to attend court on the 29th of this month, can any one tell me what the likley outcome will be on the day if i plead guilty.

I have a broken heel and tripped forwards at the police station i must have grabbed her leg as i did not have my cruthch with me, i dont recall squeezing her lag as she grabbed my arms.. can any body advise please
Gravatar

Answers

1 to 10 of 10rss feed

Best Answer

No best answer has yet been selected by bayleigh2000. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
How can you plead "guilty" to something you are not aware of ? From what you say (and we only have your word for it) it seems like a case of "six of one ad half a dozen of another". Be advised to consult a Solicitor, plead "Not Guilty", and ask for Legal Aid if you qualify for it.
Question Author
thanks voltr4m4x

if i plead not guilty and i am then found guilty it would be worse and prob a custodial sentance, spoke to a solicitor this morning and he said u only have to put your hand on a police officer and its classed as assualt, hes got to wait till he gets the paper work
Assautling a police officer is considered a serious offence. Even the slightest touch including spitting and pushing.

The starting point on the sentencing guidelines is custody which reflects is seriousness. Although, as long as you've no significant previous you may end up with community service punishment.

If you believe you are innocent though, then its not right that you plead guilty.

You're version re falling over and sqeezing a leg seems a bit weird though if I'm honest -are you sure theres nothing more to it.
Question Author
i know its weird but there is nothing more to it. i think theyve done it because they stripped me naked apart from my knickers, and a tiny top they gave me, they came and asked me out of the cell so i asked for my clothes and they would not give them to me so i wouldnt go out of the cell, this was repeted x 3, then they came in ans said they were charging me with the leg sueezing and gave me my clothes to go for interview.
If you genuinely lost your balance and caught the officer as you fell then it was not a deliberate or a reckless act and is not an assault.

The questions to consider are: do you have previou convictions for violence; why had you been arrested; were there any other witesses.

If the reality is that you did assault this officer then for goodness sake plead at the first opportunity. If you contest the case it will be heard by a single professional magistrate or a bench of lay magistrates who tend to believe whatever the police tell them.

If you have no previous convictions for violence it is highly unlikely that you would receive a custodial sentence.
I should add that, contrary to the fist posting here, the fact that you cannot remember doing something does not provide a defence.
Question Author
querelle,

i was arrested for a domestic, no charges for that incident, and i have no previous???
-- answer removed --
-- answer removed --
Then it sounds as though a timely plea - if you either accept you are guilty or believe you are - is highly unlikely to result in custody: plainly you were under a lot of stress. BUT - discuss matters with a lawyer.

1 to 10 of 10rss feed

Do you know the answer?

section 46(1)

Answer Question >>