coomon asualt please help

[ky_lvz_scott]

i was the victim of common assualt in which my ex was the defendant he pleaded not gulity and found GUILTY what is he looking at getiing when sentenced? he has lots of previose convitcions!!

[ky_lvz_scott]

ye had a swollen ear n it was bleedin and police seen that.. he was last jailed last year for assualt on was on probation when he came out and that finished in november and the attack was in christmas?? what could he be looking at??

[Buenchico]

Common assault is a 'summary only' offence, which means that it can only be dealt with before a magistrates' court, not a Crown court. (There are exceptions to that rule but, unless your ex was also facing charges 'on indictment', they don't apply here).

So the maximum penalty he might face is 6 months imprisonment. Given that he has previous convictions and pleaded not guilty, it's likely that he'll face a custodial sentence somewhere between 3 and 6 months. (He'll actually be 'inside' for half of that period).

That assumes that his previous convictions include violent offences and that you suffered some form of visible injury (e.g. grazes or bruises). If his previous convictions were all for,say, shoplifting and you suffered no visible injuries he might just receive a non-custodial sentence, such as 150 hours unpaid work.

Chris

[Buenchico]

I was typing while you were posting. Given the additional information you've provided, a 6 month sentence seems likely.

Chris

[ky_lvz_scott]

i hope so he deserves that.. and he also got his brother and his brother girlf to lie in court ? would i be looking at compensation as people have told me i could? and how do i go about this

[Buenchico]

You can't make a successful claim to the Criminal Injuries Compensation Authority if you only suffer a single minor injury. The fact that your ex has been charged with 'common assault', rather than 'ABH', effectively amounts to an official declaration that your injuries were only 'minor'. If only your ear was injured, it was just a single injury, so no compensation is payable.

There's an eligibility questionnaire on the CICA website. (The URL won't 'hotlink' because it's on a secure server. You'll have to copy it and paste it into your browser's address bar):
https://www.cica.gov.uk/portal/page?_pageid=736,212493&_dad=portal&_schema=PORTAL

The CICA scheme is separate to any award made by the court but, if the the court makes no award and you're ineligible for the CICA scheme, there's nothing you can do about it.

Chris

[ky_lvz_scott]

ok thanks guys been a big help!