I Have Been Charged With Common Assault For The Second Time, What Will Be The Outcome

[Kez7]

I have been charged with common assault for the second time, what will be the likely outcome

[andy-hughes]

It's impossible to know without evidence - and if it goes to court, then a judge or jury will decide.

Your question as asked is impossible to answer.

[EDDIE51]

Common assault is VERY rarely a prison offence. But being charged with the same offence twice will mean a more severe sentence. We need more information about what happened and why, plus what injuries were caused, to give a better answer.

[Islay]

Hopefully one of the trained professionals who work in law will be along shortly to give you a definitive answer.

[Kez7]

There was no statement made by partner and slight scratch to the face

[Buenchico]

See my post (and, particularly, the accompanying link) here:
https://www.theanswerbank.co.uk/Law/Question1589090.html

From the very limited information you've provided it's either a Category 3 offence (which would probably result in a fine) or a Category 2 one (which would probably result in a community order).

[Kez7]

I got a very recent conviction which I pleaded guilty to and received a small fine. This time I pleaded not guilty. Both occasions were DV common assault. I am very worried

[jno]

do you have any defence, or it you haven't, do you have any excuse?

[Buenchico]

Please read my link.

You CAN'T be sent to prison for common assault unless the offence is classed as being at the very top end of Category 1. While previous convictions can push sentencing slightly higher (e.g. from a medium level community order up to a high level one) they CAN'T affect the actual category which an offence falls into.

It wouldn't matter if this was your ten thousandth conviction for common assault (and you'd also got loads of convictions for armed robbery, drug-dealing and heaven knows what else), as long as it doesn't get classed as being at the very top end of Category 1 (which, from what you've told us, would seem to be impossible) the magistrates CAN'T send you to prison.

[Kez7]

Thanks very much for your answers

[Kez7]

Also I have a date at court next week to get my conditional bail changed. I am currently staying away from the marital home. In police interview I was told my partner wanted me back home. Is it likely my bail conditions will allow me home?