Advice on Assault by Beating

[DaveWh]

Hi, I have been charged with Assault by Beating which I deny as I was defending myself but I have prior convictions - 6 yrs ago for affray, 11 years ago for Threatening and Abusive and a D&D.

I stopped by my ex wifes after I had a few beers at approx 9.30pm as we were getting on and I was walking past. She came to the door behind a 5ft gate and started shouting, I was trying to tell her I wasn't there for any bother.

She opened the gate and started pushing and grabbing at me.....I got 2 nasty scratches on my arm. I pushed her off me twice as she came at me again then I held her off me with one hand. She's claiming I pushed her over a small hedge and I grabbed her throat. She ended up with what the police called a minor red mark on her neck.

If I did get convicted can anyone tell me what the sentence may be as I work full time and I would lose my job, I pay her maintenance, I have a house etc. I also have 2 children which I had stay over with me two nights every week but she has now stopped me seeing them and will not answer calls from my Dad who is acting as a third party for me. Many Thanks

[DaveWh]

Thanks I have 2 solicitors, one for this and one for access to my children

[markyT]

Sentencing guidelines here:
http://sentencingcoun...ine_-_Crown_Court.pdf

I would say, they would be hard pushed to prove your guilt beyond reasonable doubt, for this reason, the CPS would be unlikely to pursue this case (unless she can produce witnesses). In the event that they were to find you guilty, and they believe it was excessive self defence, they would find you to have a lower culpability. It's triable in either a magistrates or Crown Court, in any event with a category 3 assault occasioning ABH (lesser harm and lower culpability) the maximum you could get in a Crown Court is a fine of up to 75% of your weekly income and a high level community order (see the link for what this could be).

[DaveWh]

Many thanks for the information.

[sara3]

how did she get a mark on her neck?

[DaveWh]

I really cannot see how she got a mark on her neck, but maybe when I pushed her away from me.