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Charged With Battery X2 Will I Go Jail
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If someone is charged with battery x2 ans has been let out with a court date what is the possibility of going to prison does anyone no ?
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Battery is a form of assault , see link
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A jail term is possible but not likely. Normally a fine or community service.
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A jail term is possible but not likely. Normally a fine or community service.
'Battery' is simply an alternative wording to 'ABH'. The same sentencing guidelines apply in either case. So you need to read pages 11 to 14 here:
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(Although that document is the one used in Crown Courts it includes the sentencing for Magistrates' Courts within it).
As you'll see the court has to examine 'harm' to decide whether it's 'higher' or lower'. It will be 'higher' if the victim wa particularly vulnerable, if the injuries were close to 'GBH' or, for example, if the offence involved a repeated or sustained attack. It will be 'lower' if the injuries weren't as severe as they might be (within the 'ABH' category).
The court also has to decide whether 'culpability' is 'higher' or 'lower'. It will be 'higher' if the victim was attacked because of his sexuality, if there was premeditation, if a weapon was used (including kicking the victim with a shod foot) or, for example, you were the leader of a gang attacking the victim. It will be 'lower'if those factors don't apply.
If both of the above are seeen as 'lower' it will be a 'Category 3' offence and a prison sentence can't be passed (even if there are two Category 3 offences).
If just one of the factors is seen as 'higher' then it will be seen as a 'Category 2' offence. A non-custodial sentence is possible but the 'starting point' sentence, from which the court has to move up or down, is 6 months imprisonment.
If only one of the two offences is seen as Category 2, with the other being viewed as Category 3, then you stand a reasonable chance of avoiding prison. However if they're both seen as Category 2, prison would be far more likely.
If either of the offences is seen as 'Category 1', where both 'harm' and 'culpability' are seen as 'higher' then you'll automatically be sent to prison.
Without knowing the exact circumstances of your offences, it's impossible to advise you further.
https:/
(Although that document is the one used in Crown Courts it includes the sentencing for Magistrates' Courts within it).
As you'll see the court has to examine 'harm' to decide whether it's 'higher' or lower'. It will be 'higher' if the victim wa particularly vulnerable, if the injuries were close to 'GBH' or, for example, if the offence involved a repeated or sustained attack. It will be 'lower' if the injuries weren't as severe as they might be (within the 'ABH' category).
The court also has to decide whether 'culpability' is 'higher' or 'lower'. It will be 'higher' if the victim was attacked because of his sexuality, if there was premeditation, if a weapon was used (including kicking the victim with a shod foot) or, for example, you were the leader of a gang attacking the victim. It will be 'lower'if those factors don't apply.
If both of the above are seeen as 'lower' it will be a 'Category 3' offence and a prison sentence can't be passed (even if there are two Category 3 offences).
If just one of the factors is seen as 'higher' then it will be seen as a 'Category 2' offence. A non-custodial sentence is possible but the 'starting point' sentence, from which the court has to move up or down, is 6 months imprisonment.
If only one of the two offences is seen as Category 2, with the other being viewed as Category 3, then you stand a reasonable chance of avoiding prison. However if they're both seen as Category 2, prison would be far more likely.
If either of the offences is seen as 'Category 1', where both 'harm' and 'culpability' are seen as 'higher' then you'll automatically be sent to prison.
Without knowing the exact circumstances of your offences, it's impossible to advise you further.
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