Charge been changed!

[confused]

Hi all
been informed today that my ex charges against me have been changed from common assault to assualt and battery!
Does anyone know what time means exactly and what difference it makes to sentencing?

Thanks

[sunsetter]

Hi confused, I guess this is leading off your other post, It has been upgraded to a more serious charge but in my oppinion the fact that he punched you and held a knife to your throat and left marks as seen by police it will become a full blown ABH case when it gets to court with a maximum sentence of 5 years in prison.

[dh001]

Hi confused, its the same offence, i.e. Common assault but when there is actual battery the defendant is charged with 'assault by beating.

Summary only offence, i.e. it is only heard in Magistrates court (exceptions can apply) which carries a maximum penalty of six months imprisonment and/or fine not exceeding the statutory maximum.

[confused]

Thanks for your information.
He came and collected some stuff yesterday (with police escort) and said he is requesting case to go to crown court. I spoke to IDVA @ womens aid about it and she thinks if it goes crown court he is likely to be found not guilty!

[dh001]

Hi confused, your ex must have been charged with either at least ABH or common assault with another offence (triable in Crown Court) if he has elected trial by Jury. If you speak to the police again ask them exactly what offence/s he has been charged with.

It is difficult to comment on a likely verdict without knowing what admissible evidence the prosecution has etc.

[northernmonkey]

dont see why she would think that!!!

[sunsetter]

why does she think he will be found not guilty? they have the knife finger prints and all so I don't see why he would not be found guilty? what have they suggested? plus why would you lie about a thing like that?

[confused]

No ive not lied about it at all but apparently they wont be finger printing the knife - the DV officer told me due to funding issues!
They dont like taking it to crown court coz most cases are lost!

[sunsetter]

so how will they prove he did it? bloody cutbacks,It will be your word against his then who do you think they will believe?

[confused]

I think thats what they are afraid of it being down to - my word against his - but surely the fact he has previous and the fact that the officer saw the injuries and they have photos of the injuries hopefully will be good enough.
The only thing they're worried about is i have mental health issues and have recently been in hospital with depression + anxiety.

[sunsetter]

what do you want to happen to him confused?

[confused]

Well thing is im not sure i know most people would say lock him up and throw away key but i dont believe thats the answer. I want him to get help for drinking, anger management and mental health. Hopefully this will make him realise his mistakes and he can learn from them and become a better person - or am i just being unrealistic?

[sunsetter]

do you blame him for your mental health problems or did you already have them?

[confused]

No i dont blame him for my problems - ive had them for years but hid them well its only recently that i couldnt take it anymore and took overdose - hence being admitted to hospital. Although i dont blame him i do feel he could have been more supportive but then again my head the way it is i never really noticed the good he did just the bad, so in many ways i actually blame myself for this whole situation.

[sunsetter]

good? hollding knife to your throat?

[confused]

He has done lot of good things and he has really tried to make effort to make me happy but i just saw the negatives and instead of giving him praise i just had a go - its so confusing - we both have issues we need to deal with and unfortunatly we are not able to deal with them together we just bring the worst out of each other!

[sunsetter]

well guess he might get some help in prison lol

[sunsetter]

guess you will feel different after he gets out and will have moved on shame he spoilt it or maybe you could have sorted something out long term

[confused]

not sure what you mean?

[sunsetter]

they will make him do a course in prison but i would have thought you would have moved on by the time he gets out? sorry was thinking you wanted him back