some advice please

[nathalie]

my boyfriend has been arrested at the police station as he went there him self.
now they have him for section 18, the brief story is:
We went out for 2 pint and a guy was being annoying whole night. he told us he could give us crack cocaine etc. but if we wonderfully fluffed up he would kill us. lots of threats later, my boyfriend says calm "you're being rude and offensive".
Now that bloke proper punched him in the face and as we were about to go home which is a long walk we had a bottle of wine and the pubs last order was called half hour before. so my boyfriend had the bottle of wine in his hand and punched him back and the glass broke the bloke had a cut on the top of his head.
they have CCTV, but now my boyfriend need to go for bail on Feb the 5th what do you lot think he will get or could he get away with community service or a fine or something?
The guy who hit him first has a worse character and history than he has. does this makes a difference?

[Count-A-Strong]

Does your BF have previous?

[Buenchico]

'Section 18' (GBH with intent) is an extremely serious charge. It's akin to 'attempted murder' and carries the same maximum penalty of life imprisonment.

Unless there are very exceptional circumstances (which the judge must explain in open court), judges are obliged to pass sentence based upon the table on page 13 of this document:
http://www.sentencing...person_accessible.pdf
It should be noted that the sentences shown there refer to a first-time offender who is convicted after a trial. Previous convictions (particularly for violence) can push the sentencing range higher. A guilty plea at the earliest opportunity can see a sentence cut by one third. Only half of the nominal sentence is normally spent 'inside'.

'Section 18' is an 'indictable only' offence, which means that it must be dealt with by a Crown court. It usually takes between 9 and 15 months, from the date of the offence, before sentence is passed. (There will be several court hearings before that).

Your boyfriend's legal team might be able to get the charge dropped to 'ABH' because a simple cut does not constitute 'GBH'. (It would need to be the type of injury which either requires a transfusion or else leads to permanent disfigurement to fall into that category). If your boyfriend is convicted of 'Section 18' he will almost certainly get a prison sentence (of at least 2½ years).

Chris

[nathalie]

Thanks Buenchico, When i knew what section 18 was i tought it was to high as i was there that night my self, but its what coppers say.
my boyfriend was convicted for assault on a bouncer 5 years ago. also common assault about 11 years ago but he only got a reprimand. but each time was provoked.
He has good character and a professional trade will these come into consideration?
As well as the guy who hit him first has a bad character and a long list of crimes to his name.

[Buenchico]

A character reference might persuade the judge to give a sentence at the lower end of the range which is available to him (as per my link above) but it won't be enough to allow him to go below the bottom of that range.

Chris

[nathalie]

i have previously had community service twice once 11 years ago for a motoring offence and once about 5 years ago for the assault on a bouncer. the assault charge was lowered from a abh to assault due to me putting a bargain plea to the judge. this time was self defense and a natural instinct i do have motoring offenses in the past too but nothing for 3 years do you think its possible for me to get a suspended sentence?

[Buenchico]

A suspended sentence can't be suspended if it's for more than 2 years which, given the sentencing range normally available to judges, seems to be extremely unlikely.