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Can I Go Prison For Gbh

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Helz1983 | 21:19 Fri 03rd Aug 2018 | Law
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I was arrested for gbh is there any chance I will go prison
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You've given so little information, no-one here could give you a definitive answer.
You certainly can and if you are convicted of GBH with intent (Section 18) bar some very unusual circumstances you certainly will. In fact, even if the charge is GBH without intent (Section 20) there is a good chance you will receive a custodial sentence.
NJ is spot on with the basics but without further info, such as the details of the offence and any previous convictions, it is impossible to say.
When determining the sentence for an assault offence, the court has to assess both 'harm' and 'culpability'. If both are seen as 'higher' it's classed as a 'Category 1' offence. If one of the two factors is seen as 'higher', but the other is 'lower', then it's 'Category 2'. If both are seen as 'lower' it's 'Category 3'.

If you're only being prosecuted for 'GBH' (rather than 'GBH with intent') a Category 3 offence might well attract a non-custodial sentence. A Category 2 offence would receive a custodial sentence (but it might be suspended). A Category 1 offence would receive an immediate custodial offence.
(See pages 7 to 10 here: https://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf )

If you're being prosecuted for 'GBH with intent' an immediate custodial sentence is effectively inevitable. (There would have to be VERY exceptional circumstances to avoid it, such as you having attacked your child's killer, who'd taunted you about the matter, and you also having sole responsibility for the care of another child who's severely disabled. In around half a century of following court reports, I've only ever seen ONE case where someone convicted of GBH avoided immediate custody).
[See pages 3 to 6 in my link]
^^^ Typo!

'GBH', in my last paragraph, should have read 'GBH with intent'.
Incidentally the relevant legislation is from the Offences Against The Person Act 1861 (as amended). That was passed 157 years ago but remains good law.
// no-one here could give you a definitive answer.//
yes I do:
yes there is a chance you go to prison.
[ depending on the facts]

If you get charged. You need to get a lawyer for this one - yeah yeah you cant afford one and so you tried Ab instead.

you need a lawyer - if you get hooked in for further questioning.

oops sorry NJ does this full time so follow his advice
AND
//If you're being prosecuted for 'GBH with intent' an immediate custodial sentence is effectively inevitable. //
erm lets keep up the lawyerly gobbledegook boys and gurlz

that should be

If you're convicted for 'GBH with intent' an immediate custodial sentence is effectively inevitable.

convicted: if you are convicted - you may well go to prison

[we have standards to keep up in LaW threads - this isnt News!]

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