ABH sentencing when using self defence

[burger1]

Hi, about a year ago I was out with my wife and her sister when in a bar two people started a fight with me for no reason I could understand. I was confronted pushed and being screamed at, intimidated and fearing for my safety with one of the persons head about 4 inches from my own I headbutted him so I could try and get away. I was then hit to the floor and the other two people then reported the incident to the police. The case has now been referred to the crown court, the other party are saying that i'd been intentionally nudging them on the dancefloor and then confronted them, i may have un-inteionally nudged them as it was very busy but did not confront them! I was the assaulted again by the two men when I tried to leave the bar but nothing was recorded on cctv. My solicitor has advised me to plead not guilty but now with the trial a couple of weeks away and with a mortgage to pay for, kids, job I need to keep etc.. etc... I'm thinking about pleading guilty taking the rap just to make sure I dont go to jail. it would be my first offence does anybody know of the liklyhood of being sent down is if found guilty.

[tamborine]

Do not plead guilty or you will be convicted......Florida trips will be out for life, with a conviction.

You have witnesses, use them to support your case but its your word against theirs....have they got good evidence - if not, am sure the judge will give you benefit of doubt to avoid a conviction.

[Androcles]

What I don't understand is if your story is how it happened, why did you not report it to the police at the time? You say you were assaulted, but the other parties reported it to the police and you didn't? If you did not report it it makes your version look less likely.

[sumo19]

If you did not commit ABH then you should be guilty. Have faith in the justice system in thier ability to find you innocent if you did not commit this crime.

It seems the thought of jail is making you plead guilty so the punishment will not be so harsh? This does not justify a guilt plea. You have committed a crime you say!!

If you plead guilty you will be convicted for definate. A conviction for this offence will have major ratifications on your future life. If you are convicted then you may lose your job anyway because your employer believes you to be a liability. Travel restrictions include America, Canada and any other places which will ban you for life.

Do not plead guilty just to try to minimse the punishment. Also, who says you won't g to jail if convicted on a guilty plea?

You need to ask yourself did you do anything which constitutes a break of the law?

If you are found guilty then you will probably go to jail for a short amount of time. There is also a chance that you just get a hefty fine.

[sumo19]

**Not Guilty**

sorry; typo in first line.

[sumo19]

Sorry, it's meant to say...You should plead not guilty.

[al1623]

not guilty all the way.bear in mind a jury trial can seem intimadating however all evidence has to prove you gulity other wise the jury cant return with a guilty.
chances are if you stick to not guilty then this case will be thrown out half way thru. good luck.

[fredpuli47]

The jury have common sense.The case is committed for trial so you can have the benefit of that common sense. Listen to your lawyer and counsel.. They are much better placed to see your case and its merits and what a jury will make of the evidence of the other lot than you are.! And they know the law.

Doing it your way is like committing suicide before you have an operation, for fear that you might not live even though your doctors think you will ! It's nonsense.

By the way if you plead guilty nobody can promise you won't go to jail anyway. (Just thought I'd cheer you up! ) Better plead 'not guilty' then ! On your account, you're not. The jury,or at least ten of them, have to be sure beyond any reasonable doubt that all the evidence, including yours, proves that you could not possibly have been acting in self- defence. The prosecution have to prove it.You don't have to prove to the jury that you were.

[burger1]

not economical but didn't want to through every details as not sure who'll be reading this. The bar was very packed so my wife and sister in law didnt actually see the incident, the two guys who started the fight were dragged out by the bouncers and then called the police straight away. There was one independant witness who gave a statement at the scene and backed my side but the police have been unable to get hold of him since. I was told it was referred to the crown as a headbutt is classed as using a weapon? As to why it's taken so long the prosecution lost most of the evidence and were only able to produce at the end of Jan. Since posting the original question the prosecution have said they'll accept a guilty plea of ABH aggrevated self defence (going over the top basically). anyone know if I could still visit the US with a coviction like this