abh

[georgedowdin]

My brother-in-law has just been charged with actual bodily harm after punching, kicking and choking his dad. He has no previous convictions but police have been called to the house before for similar reasons. Does anyone know what sentence he should be expecting?

[Grunty]

If you are sure he is charged with actual bodily harm, not grievous bodily harm, the maximum is 5 years at Crown Court or 6 months at Magistrates Court.

But each case is considered separately according to the circumstances.  He will not get the maximum, and a fine is much more likely.

The police must have felt that being called to the house and giving advice has not done any good.  This court appearance will not put him in prison, but your brother needs help to control his anger before it does lead there.  I suspect that the court will want to send him on an anger management course.  He should see that it is for his own benefit and make good use of it.

He also needs to remember that the diference between assault and murder is often in the hands of the Gods, the paramedics and the hospital.

[acw]

I personally wouldn't guarantee not being sent to prison.  I would predict a suspended sentence.  That means that he DOES have a prison sentence, but he doesn't have to go YET.  It's basically the courts saying "This is your final chance, do it again and you're going straight inside at Her Majesty's Pleasure".  They may also make a compulsory order for anger management or community service.  I'm not saying he WILL get a prison sentence, but I couldn't promise that he WON'T. 

[flaming]

Do you think that drinking alcohol causes him to 'flip'.  Apart from the anger management course (good advice)what about persuading him to go to AA, if appropriate?

[oxeyedaisy]

have just asked a police officer and he will only get community service..perhaps he will wear one of those new outfits for people doing community service... 

[Andy008]

If I was him I wouldn't worry too much about it. I attended a court case last week where the defendant received 6 years after being charged with 22 offences, mostly violent robberies, which in itself carries a maximum of 14 years. Think about it, there is no legal record of anyone ever having died through using cocaine, yet possession of half a kilo will get you 12 years - more than a rapist.