I've Been Charged With Section 20 And 39 I Broke A Cheek Bone Eye Socket And Wrist What Can I Expect

[Chinnyone1]

I broke a cheek bone wrist and eye socket I've been charged with section 20 and 39 what can I expect

[Chinnyone1]

It will be duty solicitor

[EDDIE51]

^ 2 Years sorry, out in a year.

[EDDIE51]

Duty solicitor is fine for this, just make sure you get to court early and tell the solicitor you are changing your plea to 'Guilty'.

[nailit]

Duty solicitor?
This is a crown court job, youll need a barrister.

[Buenchico]

>>> It will be duty solicitor

It might be initially (in the magistrates' court) but the matter will be passed up to the Crown Court. Some solicitors have the right to represent clients before a Crown Court but you'd probably be advised to have a decent barrister represent you there.

[Chinnyone1]

So a suspended is unlikely as the injury sustained and in their own home in front of kids counts as high is that right

[EDDIE51]

^ I think he can just plead Guilty without a barrister. Let's face it going 'not guilty' is not an option in this case. Get to court early and ask to talk to the clerk to the court

[EDDIE51]

From what you have told us there is NO chance of a suspended sentence you ARE going to jail! How long is up to you, as you have been told trying to go 'not guilty' will mean at least a year longer in prison!

[EDDIE51]

Being drunk when you committed the offence also makes it a lot WORSE not an excuse as you seem to think !

[Buenchico]

>>> So a suspended is unlikely as the injury sustained and in their own home in front of kids counts as high is that right

Suspended sentences are normally reserved only for 'Category 3' offences in 'Section 20' cases. I'd be amazed if one was passed for a 'Category 1' offence.

The judge might well take the view that, through going to someone's house to assault them, you're extremely lucky not to have had 'with intent to cause serious harm' added onto the GBH charge, taking it up to 'Section 18'. The 'starting point' sentence (for 'Category 1') for such an offence is 12 years imprisonment, so the judge might think that you should regard yourself as extremely fortunate not to be facing such a lengthy term of imprisonment.

Therefore I can't see why he would think suspending a sentence would be reasonable (which he can't do anyway for a sentence of greater than 2 years).

[EDDIE51]

^ I was thinking that this looks more like a S18 !

[Chinnyone1]

I have children of my own does the judge take this into account

[Islay]

//I have children of my own does the judge take this into account //
Did you when you committed the crime?

[Chinnyone1]

Hi yes two over 4 and one under 4

[Islay]

Sorry I am not being judgemental but why should a judge take the fact that you have children into account when you obviously did not take them into account when you got raving drunk and broke into someones house!!

[Toorak]

It could be viewed as making it worse - if you have children of your own you should have been aware of how the victim's children would have been affected by witnessing violence

[Chinnyone1]

Thank you for the advice

[Chinnyone1]

Also when I did this two others joined in thevattack as well

[jno]

well, if there's a possibility someone else was responsible for the broken bones, by all means say so. Do you know (a) what you did and (b) what witnesses say you did?

[Buenchico]

>>> Also when I did this two others joined in the attack as well

Acting as part of a group is a factor which pushes sentencing upwards, so that's not going to help!

Find a good solicitor quickly! He/she will be able to talk you through your options. Further, if you say that you'll be pleading guilty, he can contact the Probation Service so that a report can be ready for the date of your court appearance. A good report is your best chance of getting the lowest possible sentence.

Start here:
http://solicitors.lawsociety.org.uk/
(Set 'Legal Issue' to 'Personal > Crime'. Search by the name of your town/city, as the postcode search doesn't work unless you happen to live close to a solicitor's office)