Music0 min ago
Judge Question
What would be the punishments when being in remand with assault, stalking and damage to car vehicle.?
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This questioner has been repeatedly violently abused by her partner but says she still loves him and needs him back.
Evemarie , if you are stupid enough to allow this person back into your life he is going to do you serious harm or possibly even kill you.
You need to tell the court all the other things he has done to you, refusing to give evidence will not stop the case from going on. The courts are well aware that violent offenders like him often leave victims so scared that they refuse to give evidence. The case will proceed with or without your evidence.
This questioner has been repeatedly violently abused by her partner but says she still loves him and needs him back.
Evemarie , if you are stupid enough to allow this person back into your life he is going to do you serious harm or possibly even kill you.
You need to tell the court all the other things he has done to you, refusing to give evidence will not stop the case from going on. The courts are well aware that violent offenders like him often leave victims so scared that they refuse to give evidence. The case will proceed with or without your evidence.
Here are the 4 most common harassment offences and maximum sentences:
Harassment (section 2): a summary only offence, carrying a maximum of six months' imprisonment and/or a level 5 fine.
Stalking (section 2A): a summary only offence, carrying a maximum of six months' imprisonment and /or a level 5 fine.
Harassment involving Fear of violence (section 4): an either way offence, carrying a maximum of five years' imprisonment and/or a fine on indictment.
Stalking - involving fear of violence or serious alarm or distress (section 4A): an either way offence, carrying a maximum of five years' imprisonment and/or a fine on indictment.
(Summary only offences = Dealt with by Magistrates Court, Either way offences = Mags or Crown Court).
Harassment (section 2): a summary only offence, carrying a maximum of six months' imprisonment and/or a level 5 fine.
Stalking (section 2A): a summary only offence, carrying a maximum of six months' imprisonment and /or a level 5 fine.
Harassment involving Fear of violence (section 4): an either way offence, carrying a maximum of five years' imprisonment and/or a fine on indictment.
Stalking - involving fear of violence or serious alarm or distress (section 4A): an either way offence, carrying a maximum of five years' imprisonment and/or a fine on indictment.
(Summary only offences = Dealt with by Magistrates Court, Either way offences = Mags or Crown Court).
The sentence is going to depend on the exact charges he is facing. What type of assault? Common assault is very rarely a prison sentence. The other things will add to the chance of a prison term. As he is on remand then the court must think that he is going to get a prison term. If he is sentenced to prison the time spent on remand will be taken off the sentence.
We need to know a lot more to estimate the possible sentence, details of the assault/ stalking amount of damage to car, and most important the exact charges he is being tried for.
You really should tell the court about all the other things he has done to you so that they can see the full extent of his criminality.
Remember that if he pleads guilty he will have the sentence reduced by 1/3rd so with the time on remand taken off as well he could be released straight after the trial. We also need to know how long he has been on remand.
We need to know a lot more to estimate the possible sentence, details of the assault/ stalking amount of damage to car, and most important the exact charges he is being tried for.
You really should tell the court about all the other things he has done to you so that they can see the full extent of his criminality.
Remember that if he pleads guilty he will have the sentence reduced by 1/3rd so with the time on remand taken off as well he could be released straight after the trial. We also need to know how long he has been on remand.