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gbh assault charges
hi can someone please help me, i dont have much money so cant affor a defence and im due to face assault charges at the end of the month
i was attacked my a gang of youths for no reason whislt walking in the street, and when i stood up for myself and hit them back and ended up hurting them, (group of three) they have filed an assualt charge
i have previous been to prison fro GBH when i was 19
im now 24 years old.
can anyone advise me what are my chances, i broke one persons nose and the others were cut lip and brusiing,
no witnesses , no one on my side, please help me, i do not want to go back to prison, i have kept my nose clean for such a along time, i work , pay my own insurance , live with parents, i have no other record beside gbh when i was younger,
will i go to prison? i know all you's will ask, but i did throw my weight around when they has only punched me the once, buyt i got mad, and lost my rag,
i was attacked my a gang of youths for no reason whislt walking in the street, and when i stood up for myself and hit them back and ended up hurting them, (group of three) they have filed an assualt charge
i have previous been to prison fro GBH when i was 19
im now 24 years old.
can anyone advise me what are my chances, i broke one persons nose and the others were cut lip and brusiing,
no witnesses , no one on my side, please help me, i do not want to go back to prison, i have kept my nose clean for such a along time, i work , pay my own insurance , live with parents, i have no other record beside gbh when i was younger,
will i go to prison? i know all you's will ask, but i did throw my weight around when they has only punched me the once, buyt i got mad, and lost my rag,
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(2-part post):
If you've described the injuries accurately, you shouldn't be facing GBH charges, since a broken nose, minor cuts and bruising all fall within the Crown Prosecution Service's definition of ABH, rather than GBH. You can read the definitions for yourself, here:
http://www.cps.gov.uk/legal/section5/chapter_c .html
If you've not already been charged, expect the charges to be under 'Section 47' (ABH) rather than Section 18 or Section 20 (GBH). If you've already been charged with GBH you need to seek to get the charges dropped down to ABH. For that you need to engage the services of a solicitor, which probably won't cost you a penny.
ABH is a 'either way' offence, which can be heard in a magistrates' court or in the Crown court. You'll automatically qualify for legal aid in a magistrates' court if your gross annual income is less than �12475 or if you're left with less than �3398 per year after paying tax, national insurance, all housing costs and deducting a living allowance. (Those figures assume that you're single and not supporting any children). If the case is heard before the Crown court, you're entitled to full legal aid irrespective of your income. (Even if the magistrates didn't send the case to Crown court, you have the right to insist that the case is heard in a Crown court, before a jury, so you'd automatically be entitled to receive full legal aid).
If you've described the injuries accurately, you shouldn't be facing GBH charges, since a broken nose, minor cuts and bruising all fall within the Crown Prosecution Service's definition of ABH, rather than GBH. You can read the definitions for yourself, here:
http://www.cps.gov.uk/legal/section5/chapter_c .html
If you've not already been charged, expect the charges to be under 'Section 47' (ABH) rather than Section 18 or Section 20 (GBH). If you've already been charged with GBH you need to seek to get the charges dropped down to ABH. For that you need to engage the services of a solicitor, which probably won't cost you a penny.
ABH is a 'either way' offence, which can be heard in a magistrates' court or in the Crown court. You'll automatically qualify for legal aid in a magistrates' court if your gross annual income is less than �12475 or if you're left with less than �3398 per year after paying tax, national insurance, all housing costs and deducting a living allowance. (Those figures assume that you're single and not supporting any children). If the case is heard before the Crown court, you're entitled to full legal aid irrespective of your income. (Even if the magistrates didn't send the case to Crown court, you have the right to insist that the case is heard in a Crown court, before a jury, so you'd automatically be entitled to receive full legal aid).
If you're charged with GBH, the case must be referred to the Crown court, where you have the right to receive full legal aid.
So there's no reason why you should not be represented by a barrister (appointed through your solicitor), completely free of charge.
If the charge that you eventually face is ABH, rather than GBH, you've got quite a good chance of avoiding prison so, as I've stated, the first thing to do is to seek legal advice about the actual charges you'll face. (Solicitors and barristers often speak to the CPS, prior to a case coming to court, to indicate which charges the defendant is likely to plead guilty to. This 'behind the scenes' discussion can often be as important, if not more so, than what actually happens in court).
Chris
So there's no reason why you should not be represented by a barrister (appointed through your solicitor), completely free of charge.
If the charge that you eventually face is ABH, rather than GBH, you've got quite a good chance of avoiding prison so, as I've stated, the first thing to do is to seek legal advice about the actual charges you'll face. (Solicitors and barristers often speak to the CPS, prior to a case coming to court, to indicate which charges the defendant is likely to plead guilty to. This 'behind the scenes' discussion can often be as important, if not more so, than what actually happens in court).
Chris
Phone the CAB. You shouldn't have to pay for a solicitor if you're on a low wage, or you could probably pay the Law Society monthly or something. If you're seen to be working and keeping out of trouble until now, then maybe you'll be treated sympathetically, but when you say you were attacked by these three people - what exactly did they do to you? I'm sure that if you acted in self defence, then again, that'd be taken into consideration, but if you managed to fight the three off, and caused them greater injuries than you received yourself, then it might be seen as you attacked THEM, rather than the other way round. Stupid, isn't it?
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