Section 20 wound

[worried_]

Hi, I was involved in a very stupid incident recently where I was out drinking in town, half way through the night whilst walking down the road I got caught short and inexcusably but urgently needed to urinate and I did so on a quiet side street, I know this is extremely innapropriate behaviour and it is out of character, during this time a group of males walked past making crude and abusive comments which I reacted to by answering back, once I'd fInished the 3 males had waited for me and an argument broke out, I was on my own and one of the lads squared up to me, I could sense the situation was about to become violent and I felt threatened and struck the male in the face resulting in him falling to the ground I did not use any more force because it was not nessasary. Nothing else happened and I carried on with the night. I later got arrested for a section 20 wound and released pending further enquiries, I assume this is because of the injury he has recieved. I am extremely worried what might happen with this as I consider myself an outstanding member of society and would not class myself a criminal at all. I am involved in charity work and am a member of the armed forces with a 10 year exemplary conduct record,and outstanding character references to show this. I have very recently returned from active front line service where I had quite a harsh tour of duty and am still adjusting to "normal" life. It was the first time I had drunk alcohol since returning so my tolerance level would be less than usual although I didn't have a large amount to drink I only spent £25 and that doesn't go very far these days! Any advice would be greatly appreciated. Many thanks

[bednobs]

get a solicitor

[Mike25]

What was the other guys injuries? broke jaw, nose, fractured skull? the guys injuries will reflect on what sentence they give you. I assume you are pleading self defence?

[worried_]

I have got a solicitor but because it is early I am just worrying about it all. Yes I am pleading self defence and have been fully co operative I admitted striking him first but only because I felt in danger. I do not know the extent of the injury at the minute but I assume it must be bad. I obviously did not intend to cause any lasting or serious damage other than a bruise and a warning to leave me alone and am dissapointed in myself that he has been hurt, he is claiming he asked me politely to stop urinating in public, and my reaction was telling him to wait there until I finished then I assaulted him, I know this not to be the case but I was on my own while he had 3 friends as witnesses. I believe he saw me as an easy target and intended to provoke a reaction which I should not have given. If his injuries prove to be relevant to section 20 what chances do I have at recieving a non custodial sentence as my career is of the upmost importance to me.

[joko]

if he is an his mates were looking for trouble why wouldnt they then have kicked the carp out of you if you hit one of them...?
why would you hit first, knowing their are 3 of them?
if they were thugs why would they care if you were having a wee?

just a few questions they are likely to ask here - as something doesnt sound quite right with your story...

[Mike25]

I am in the exact same situation as you, only i am pleading not guilty. My solicitor says even if i am found guilty (which is worse cause i pleaded not guilty) i would end up with a suspended sentence. I assume your sentence will be similar only you are in a better situation as you served for queen and country. You will not be jailed and hopefully it doesn't affect you future career.

[Mike25]

joko is right, you need to prepare yourself for questions l those!

[ummmm]

Joko - doesn't always work like that. Bullies don't like people who fight back.

Always makes me laugh though when intoxicated blokes saying peeing in the street is out of character...yeah right.

[worried_]

Thanks for the reply, is it for the same ie section 20 GBH? I have been looking into it and thought it nearly always ended with a sentence if only a few months.
I don't think they were thugs I think they were just drunk and wanted a reaction like I said I should have known better than to give one.
I hit first because the situation got to the point where i felt I had to to defend myself regardless of how many of them there were. I would have rather attempted to defend myself than take a beating I believe there was ample oppertunity for both parties to walk away and not let the situation pan out the way it did. Nothing further happened there was just arguing between myself and the others which is why I don't think they were thugs I think it was bravado from 1 person that got out of hand. I then walked away Thinking it was nothing more than a scuffle leaving him with a bruise and slightly embarrased. I have just had a call from my solicitor saying he has spoke to the officer and at the moment there is no medical evidence to support this as a section 20 wound as yet but it is pending further investigation. Why would they bail me under that charge initially without knowing the extent of the injury?

[ummmm]

As far as I know it's easier to drop down a charge than it is to go up a charge.

[dotty.]

I'm not sure that the fact you are a trained member of the armed forces isnlt going to go against you, unlike many yobs on the street out at night and looking for bother, you are trained to operate under pressure and to show contriol and disciplne

[ummmm]

Or trained to work on your own initiative...and actually trained to kill. Depends what angle you want to look at it.

[Mike25]

yes it is ghb section 20 also. in my local paper some guy got done this week for gbh section 20 and he kicked the guy on the ground five times, the guy got 9 months sentence suspended for 2 years. you only hit the guy once, in my case the victim was only hit once also, my worse case scenario is suspended sentence. People get hit all the time, can't stick everyone in jail it would cost the tax payer (ie us) a fortune.

[worried_]

I appreciate that angle and yes I should have shown more control and that is why I am dissapointed in myself more than anything. However I am human and prone to mistakes like anyone else and although alcohol is not an acceptable excuse it does impair your ability for rational decision making where I would have never reacted in the first place had I not been intoxicated then again I also wouldn't have been weeing in public! Also it's a common misconception that soldiers are trained to kill, they are trained to defend themselves and others using the minimal force nessasary and respond to a situation with the appropriate force. Which in this case was no more than a punch. I do appreciate all the input and like I said I am genuinely an honest and decent guy. Can anyone give me some likely or probable outcome of this although I realise there is a number of factors. I mean if guilty is community service or a fine realistic? Would a judge have no qualms in ruining an unblemished career over a such a minor 1 off incident?

[Mike25]

here is a guide;
http://www.sentencing...person_accessible.pdf

[Mike25]

the tables in the guide are based on a first time offender.