Will My Boyfriend Go To Prison

[Jessieh94]

My boyfriend has court Friday he's getting done for gbh not sure if it's intent or without he don't normally drink and decided to one nice whilst we was out got into abit of trouble and hit someone and broke there jaw only hit him once no excuse for it I know admitted to offence straight away etc his solicitor said he should get a suspended sentence with community service hours, since him he's had a new solicitor and he's told him he could get a custodial sentence but not sure just wondering what to expect so scared he has no criminal record but not sure what's going to happen?
Thanks

[Jessieh94]

Hope so making myself I'll with worry :(

[AlwaysConfused]

No advice from me, but best of luck Jessie. Hopefully you will have a happy new year

[Jessieh94]

Thankyou

[Buenchico]

A single blow without an implement is extremely unlikely to qualify as 'Section 18' (= "with intent") unless, for example, your b/f deliverately targeted his victim (e.g. by going round to his house to attack him). So that means that it's probably the lower 'Section 20' charge.

A broken jaw is probably at the lower end of 'harm' within the range of GBH offences. If it was just a pub argument (or similar), with no premeditation and no racial overtones (or an attack based upon the victim's sexuality), 'cuplability' is also 'low'.

That means that it's a 'Category 3' offence. If the judge agrees with that, he must use a 'starting point' sentence of a 'high level' Community Order and then move the sentence up or down depending upon all of the circumstances made known to him. (He can go down to a 'low level' Community Order or up to 51 weeks imprisonment). So I agree with others that a custodial sentence might well be avoided.

However if the judge disagrees with my assessment of both 'harm' and 'culpability' as being 'low', and places one of them as 'high', then it's a Category 2 offence, with a 'starting point' sentence of 18 months imprisonment and an available range of between 1 year and 3 years imprisonment.

See pages 7 to 10 here for full information:
http://sentencingcouncil.judiciary.gov.uk/docs/Assault_definitive_guideline_-_Crown_Court.pdf

[Jessieh94]

Hoping he don't normaly drink but decided to this once we was walking and 2 men walked past and said something sexual referring to me which he didn't like and obviously was drunk to hit them once but then realised what he had done admitted straightaway he was guilty and deepest sympathy so scared of him going to prison just hope it's a good day friday

[Jessieh94]

No idea refreshed the page and it said comment has been removed

[Jessieh94]

Has anyone got a similar story as we have contacted the solicitor and he has said to get some family and friend members to write character references he said the judge is a tough one but this will help?

[razza]

Hope so

[EDDIE51]

Excellent answer by Buenchico. Remember that as long as your BF pleads guilty the sentence is automatically reduced by 1/3 this applies to community service as well as prison. IF (only if) it was a prison sentence he would get released after serving half of it. Then again there is early release on 'tag' for the last month.
For example a sentence of 12 months is reduced to 9 months for the guilty plea. Then release at the 1/2 way point 4 1/2 months with the last month out on 'tag' so only 3 &1/2 months in jail.

[phleb]

Let us know how he gets on love, hope you both go home together. xx

[Jessieh94]

Oh yes he is very remourseful just hope the judge sees this

[Jessieh94]

Thankyou ever so much I hope so to x

[-Talbot-]

Please refrain from being rude, abusive or judgemental - members come here for advice, not judgement! Members who offer only moral judgement will be suspended.

[DTCwordfan]

Just hope it goes well, Jessie. Meanwhile that's me out of here and off for lunch and the rest of the day....Have a good New Year all.

[-Talbot-]

Your las post was about a removed post. I guess it works much the same way as a thread about a removed thread.

[Jessieh94]

Thankyou have a good new year, thanks Talbot :)