ChatterBank0 min ago
First time ABH charge
Hi, any advice would be much appreciated. Last week my nan got taken into hospital so i woz down n went for a few drinks with mycousin to try cheer up. After id had a few i went over to my gf's coz id left a few bits there that i needed but while i woz there we got in an argument. i stormed out of th house only to have her and her 3 (female) house mates follow me out shoutin abuse at me and threatening me. I pushed 3 of them away and they fell over. I know i shouldnt have but given the circumstances i didnt see wot else to do and now they are charging me with ABH. Given the circustances what sort of sentence am i looking at do you think? this is my first offence of this nature.
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i did only push them. and i didnt carry on walking becuse i was trying to speak to my girlfriend, i was down because my nan is dying and i was there for her when her nan died a month ago, i thought she'd know what i was going through and she was talking to me fine but then the other girls came over to get involved as usual and started slinging abuse at me and trying to hit me.
So I am right in thinking that you are a) being charged with 3 counts of ABH and b) the only action you took was a push (what do THEY say you did)?
It's impossible to say precisely what your sentence will be. I don't even know if ABH will stand up (ABH has to be actual bodily harm, so a push that results in no injury would be a common assault - ABH is injury sensitive. Often they are "over charged" at police station stage but prosecuted as common).
I suspect that the Magistrates would accept jurisdiction so the maximum sentence imposed would be 6 months. For a first time offender pleading guilty at the earliest opportunity you will be entitled to a 1/3rd discount.
The Magistrates Court Sentencing Guidelines indicates for a first time offender pleading not guilty, the range is low level community up to 26 weeks custody. The entry point is high level community. But that is on the basis of no permanent or lasting injury caused.
In your favour is the fact that it was a first offence, not premeditated and there was an element of provocation (this is not a defence, but mitigation). Aggravating is the fact that it was while you were in drink, it was domestic violence and you did it THREE times!
It is impossible to advise fully without seeing all the statements though. Best advice I can give you is get to see a solicitor IMMEDIATELY. Answer no further questions to the police unless you have a solicitor present and take his or her advice - there is lots a solicitor can do for you, including advising on evidence, plea, mitigation, negotiating a plea with CPS and advising on sentence.
It's impossible to say precisely what your sentence will be. I don't even know if ABH will stand up (ABH has to be actual bodily harm, so a push that results in no injury would be a common assault - ABH is injury sensitive. Often they are "over charged" at police station stage but prosecuted as common).
I suspect that the Magistrates would accept jurisdiction so the maximum sentence imposed would be 6 months. For a first time offender pleading guilty at the earliest opportunity you will be entitled to a 1/3rd discount.
The Magistrates Court Sentencing Guidelines indicates for a first time offender pleading not guilty, the range is low level community up to 26 weeks custody. The entry point is high level community. But that is on the basis of no permanent or lasting injury caused.
In your favour is the fact that it was a first offence, not premeditated and there was an element of provocation (this is not a defence, but mitigation). Aggravating is the fact that it was while you were in drink, it was domestic violence and you did it THREE times!
It is impossible to advise fully without seeing all the statements though. Best advice I can give you is get to see a solicitor IMMEDIATELY. Answer no further questions to the police unless you have a solicitor present and take his or her advice - there is lots a solicitor can do for you, including advising on evidence, plea, mitigation, negotiating a plea with CPS and advising on sentence.
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