common assault

[dizzle1234]

recently i have been a victom of this my injuries was, bruzing to my temples,behind ear and neck ,4 bitemarks to my face, brusing to the whole of the back of my thigh and also 1 nose bleed.leeding me to go to hospital... this was done by my ex boyfriend, yet the police have charged him with only common assault and he now has to go to court. can any one tell me wat kind of sentances or fines he may get? this is his first invovment with the police

[voltr4m4x]

The Police do not normally charge a person with Common Assault, choosing instead to leave action to be taken by the injured party themselves.

However, from how you describe your injuries it would seem that at the very least your ex-boyfriend should be charged with the offence of assault occasioning actual bodily harm, which carries a sentence of' imprisonment. But this is rarely, if ever, imposed. It is impossible for anyone on here to advise you as to the actual sentence one might expect in any circumstances since much depends upon the circumstances in which the offence was committed, whether the offender is of previous good character, whether the injured party contributed somewhat towards the commission of the offence, and what attitude the offender displays at his/her trial, ie does he/she show any genuine remorse ? And, equally important in such matters, are YOU likely to stick with your story about the events, or are you likely to retract on any issue ?

[dizzle1234]

i am willing to stick to my statement as it is the truth, i was just wondering as the police have not given me very much information, an i have been reading on the net bout him paying alkind of fees incuding compensation, fines and courts costs?

[maxwellilter]

its the crown prosecution service that take someone to court not the police. the outcome will depend upon whether your ex pleads guilty or not guilty and whether you have to go to court as a witness. in terms of likely sentence it is dependant upon a whole range of factors including if they find him guilty or not guilty if they believe there was any provocation or mitigating circumstances etc. In a similar situation myself and waiting to hear the conviction in a few weeks.

[dizzle1234]

sorry i didnt mean the police, he has addmited it to the police that he has done it all, and it certaintly wasnt provolked i did not hit him at all i went round to his flat to get my stuff as we have jus spliten up, he has hit me b4 but i have never said anythin. as i sed he has never been involved with the police an he will pleed guilty as hes ahas already to the police

[DLawson]

Common Assault, contrary to section 39 Criminal Justice Act, is a summary offence which carries a maximum penalty of six months imprisonment and/or a fine. A Community penalty and perhaps a fine or a conditional discharge or suspended sentences seems the most likely. Take a look what other people received for common assault on http://www.thelawpages.com.

The only reason to charge under s39 and not ABH s.47 is the extent of the injuries. It sounds as if he has shown willingness to plea to the lesser S.39 and the CPS are keen to get it resolved with the least cost to the public purse. However, if you are unhappy with this contact the OIC to press the CPS to charge under S.47.

[dizzle1234]

yet i still dont understand y it is not domestic violence, am half his size and weight, i think this is really unfair i was in pain for about two weeks with the damages he caused to me x