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i have been arrested and bailed for gbh/wounding without intent - section 20....looking for some advice.

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holbrook99 | 21:47 Tue 23rd Mar 2010 | Criminal
62 Answers
i was arrested today and bailed for gbh/wounding without intent - section 20.....

i head butted an oposing player during a football match, and he was knocked unconcious, he fell and fractured his shoulder....i reacted because the player in question punched one of my players in the face for no reason.

I have no previous convictions, a good job, and 2 children, a partner and a mortgage.

I am EXTREMELY worried about the possibility of going to prison, as i couldnt handle being away from my children for any length of time....

Based on what i have written above, any advice would be very gratefully recieved.

Thanks
Paul
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Firstly, the offence seems to be 'borderline' between 'ABH' and 'GBH'. See paragraphs 45 to 57 here:
http://www.cps.gov.uk...he_person/#P189_14382

So that means that (even if the CPs can get 'GBH' to stick) the lowest end of the sentencing range would appear to be appropriate. See page 15...
22:26 Tue 23rd Mar 2010
Yes...I agree. That's what he should have done but at times like that emotions run high. It was a bad reaction but an understandable one. He's obviously very sorry so in my opinion is not displaying thuggish behaviour.
Quote from ummmm, '' If the bloke was to close to him he wouldn't have been able to punch him ''.

A knee in the bo11ocks might have been better?
True
Could well have been trt....
Mind you, theres always a few seconds after a knee in the cods, where you could retaliate with a head butt.
"the worry i have in regards to a solicitor is i have no money whatsoever, am barely breaking even paying mortgage etc???? im assuming solicitors cost lots of money, i dont think i would qualify for legal aid"

you could be at risk of a prison sentance, losing your job and perhaps being unable to pay your mortgage.

surely youll go to any means to save or borrow the money to help you? can you not ask friends or family
i have to say i agree with redcrx.
I would imagine defending yourself is out of the question. If you have any hope of getting sentence reduced etc, do all you can to pay for a solicitor
Question Author
To the person who asked why i refer to them as "my" players, yes i am the manager of the team as well as a player, the person refferring to me as a "thug", i can assure you i am not, this is the first time that i have ever hit anyone and im 28 years old, i had a moment of "red mist" when i saw my friend punched to the ground for no reason. I didnt punch him because by the time i had ran to the situation we were nose to nose.....I am certainly not trying to justify what i did, what i did was wrong and i am deeply remorsefull i was just trying to explain why it happened.
Hi, im sure this is probably resolved now but going on my own experience, The CPS will decide if theres enough evidence to prosecute you then it will go to a magistrates court, if it stays at a magistrates court then sentencing will be minimal if it goes to crown then can be anything to maximum guidelines, Also if u are of sound character, no previous convictions and u admit the offence a judge will see that as a good thing, so long as u show remorse then u could get off with something such as a community order, they released u on bail so this proves u are not a public risk. First time offences usually end up with community services, fines and compo to the victim. im onlt speaking from experience my partner got a 2 year supervision order for ABH with 12 previous offences pleaing guilty to his charge, so that does go a long way and ur good character hopefully u wont get a prison sentence, good luck!
Question Author
Thanks for the reply, im so worried still, im making myself ill....cant seem to shake the worry...

Not only the worry but the regret on top, keep picturing what happened over and over,

Just gunna have to hold it together i suppose until i know for sure what is gunna happen.

I have to answer bail on 8th June.

if i hear anything, i will certainly keep you guys updated, i really appreciate all your advice

Thanks

Paul
Worrying will not change anything so try not to.

I've known people do worse and get off with a fine and community service.
Question Author
went to see a solicitor today....he said that if they charge me with gbh then a custodial sentance is the minimum...so now im really scared, he cant do anything for me though until im actually charged when i answer bail in june, and then i can apply for legal aid.

I think im going to have to see the doctor about some form of medication to calm me down, i cant stop worrying and making myself feel ill, i couldnt handle being away from my 2 children and my partner, i really couldnt.

Anyway, just thought i would update you guys, as this is really my only outlet.

cheers

paul
good luck, and yes, see your doctor.
I would be very surprised if you received a Custodial Sentence based on what you have said. Good Luck,anyway.
Did your player who he punched in the face first, not bring charges against him ?

I am so sorry the solicitor was not more encouraging, holbrook.

My son has played footie for many years and now plays semi-pro - punch ups are a regular occurrence, with tempers fraying. I was telling him about your post last week, and he said the same as I did - get your player who got punched first to bring charges against him. I know two wrongs don't make a right, but he may retract the charges against you.
Question Author
Thanks guys, im just going to have to hope that my solicitor can help more once im charged, because he really didnt seem that interested as i havnt been charged yet.

on a side note does anybody have any ideas as to how i could explain my absence to my children should i be sent to prison, i dont like lying to my children and we have a rule in my house that nobody lies to each other adults to the children and vice versa...however i think im going to have to break that rule, because wouldnt want them losing faith in me, and feeling disapointed/ashamed of me.

So far the ideas going around my mind are:...working in a prison, working for the queen, the truth, and thats as much as ive got so far??
If it should ever come to that, you owe it to your family to tell your children the truth.
Don't let your 'moment of madness' spoil your family values.
You can tell them gently. "Daddy did a silly thing and................"
As painful as it is, it would be a valuable lesson for them to know.

Have you seen your GP ?

Your children will certainly pick up on your distress and anxiety long before you think they will unless you get some medical help.

Best of luck.
If I could get this straight in my own mind:

You were playing an amateur ( I presume) game of soccer, when some guy hit your friend in the face. You then went over to the offender and knocked him unconscious and broke his shoulder.

Got it......I agree totally with Justincider.
Question Author
Yes you have the situation correct i probably wouldnt explain it so bluntly but yes you are correct what i did was wrong, and im extremely dissapointed in myself and can assure you i am full of remorse, i am not a violent person and cant explain why it happened this time, because i usually have a very high tolernace level.

I dont want this to turn into wether i was right or wrong, or justified or not, because what i did was very WRONG there is no argument there.

I just wanted to use this to gain advice about my situation, and was just really looking for a place to vent my worries.

Please dont think im looking for sympathy, or someone to say what i did was right, because i know how wrong i am, and the trouble i have caused for myself and my family.

Paul
Hi i was wondering how it all turned out for you as my partner is being charged with the same thing
thanks Emma

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