Prison - section 39 - common assault

Realise this could be a private matter (some people don't like to admit they've been to prison) but unfortunately I have and looks like I could be going again

Need some advice off people who know their law or have been in a similar position

Basically,

Myself and a friend have been charged with common assault for pushing a boy in a nightclub who was putting his hands all over us for some strange reason, I pushed him abd he fell and hit his head on the floor, he has a small cut on the back of his head as a result, my friend tried to punch him (being drunk and being an idiot) but missed, like I said both charged with battery, common assault is quite a low charge and if it was a first offence I'd be laughing but here's the thing,

I have two previous convictions for common assault from when I was 19, 3 years ago nearly, both very different circumstances though, both isolated incidents, I have also been to prison for driving offences, I was released in June of this year after serving 3 months in Cardiff,


Basically to cut a long story short, does any one know what the typical outcome for some one in my situation would be if I plead guilty early but on the basis that I was acting in self defence and may have overreacted due to the fact I'd had a drink as I was out in Cardiff

Realise this could be a private matter (some people don't like to admit they've been to prison) but unfortunately I have and looks like I could be going again

Need some advice off people who know their law or have been in a similar position

Basically,

Myself and a friend have been charged with common assault for pushing a boy in a nightclub who was putting his hands all over us for some strange reason, I pushed him abd he fell and hit his head on the floor, he has a small cut on the back of his head as a result, my friend tried to punch him (being drunk and being an idiot) but missed, like I said both charged with battery, common assault is quite a low charge and if it was a first offence I'd be laughing but here's the thing,

I have two previous convictions for common assault from when I was 19, 3 years ago nearly, both very different circumstances though, both isolated incidents, I have also been to prison for driving offences, I was released in June of this year after serving 3 months in Cardiff,


Basically to cut a long story short, does any one know what the typical outcome for some one in my situation would be if I plead guilty early but on the basis that I was acting in self defence and may have overreacted due to the fact I'd had a drink as I was out in Cardiff

you will get no credit for doing something that you would only do when drunk. acting in self defence is a total defence but it depends on the circumstances as to whether a court would accept that you were. also, your previous convictions for common assault could be used in a bad character application which would not be good for you.

i'm not sure what the exact outcome would be, but you can get an idea by googling the sentencing guidelines. that said, you need to be asking a solicitor these questions.

I got done for the same charge recently, been to prison twice for gbh and violent disorder, got a handful of common assaults too, I was on a suspended sentence at the time for something else too, they just extended my suspended sentence and gave me 2 months tag.

If you can show you got a good job which I did get some references and just basically show them your trying to make something of your life you'll be fine. Common assault is fucall

Not being a c**t here but you have just reeled off multiple offences you have commited in the past and are now facing the law again. You have shown a pattern of misbehaviour, you cannot call this "isolated" by any means.

I've been in trouble with the law, not prison but I had a community order. Not been in trouble since, not even come close to it. Stop playing the victim and poor me card and wise up and face the consequences for your actions.

Ask your solicitor?

Did you give a no comment interview?? Did you receive legal advice?? Are you in full time employment? Do have dependants? Whens you court date??

From what I can see with little detail you get sent for reports after first appearance. Show remorse admit you know you behaved badly. Tell them you make steps with offending i.e. Less drinking, staying away from situations people where trouble in more likely to occur.

They give you a report probably advising a 12-24 month community order. With possibly some sort of awareness course to help prevent offending. Probably on the higher level of community service 120 hours plus.
You get a fine as well. Maybe you have a curfew (tag) due to the offence. Could range from 3 months up.

Feel free to pm me.

Not being a c**t here but you have just reeled off multiple offences you have commited in the past and are now facing the law again. You have shown a pattern of misbehaviour, you cannot call this "isolated" by any means.

I've been in trouble with the law, not prison but I had a community order. Not been in trouble since, not even come close to it. Stop playing the victim and poor me card and wise up and face the consequences for your actions.

Not always my favourite poster but I do like your straight talking no bullshit

I got done for the same charge recently, been to prison twice for gbh and violent disorder, got a handful of common assaults too, I was on a suspended sentence at the time for something else too, they just extended my suspended sentence and gave me 2 months tag.

If you can show you got a good job which I did get some references and just basically show them your trying to make something of your life you'll be fine. Common assault is fucall

I thought it was very unusual to be imprisoned for common assault. I suppose if the victim cut his head it could be with actual bodily harm but again a custodial sentence would be unlikely unless the 'cut' was very bad.

To use a defence of self defence the OP would have to rely on the fact he used reasonable and proportional force to deflect a perceived physical attack. A shove could fit this but he would have to explain why it was strong enough for the victim to lose his balance?

Did you give a no comment interview?? Did you receive legal advice?? Are you in full time employment? Do have dependants? Whens you court date??

From what I can see with little detail you get sent for reports after first appearance. Show remorse admit you know you behaved badly. Tell them you make steps with offending i.e. Less drinking, staying away from situations people where trouble in more likely to occur.

They give you a report probably advising a 12-24 month community order. With possibly some sort of awareness course to help prevent offending. Probably on the higher level of community service 120 hours plus.
You get a fine as well. Maybe you have a curfew (tag) due to the offence. Could range from 3 months up.

Feel free to pm me.

Decent post back fella.that clown 1948 most probably had his community service order for acting a c**k on here

Not being a c**t here but you have just reeled off multiple offences you have commited in the past and are now facing the law again. You have shown a pattern of misbehaviour, you cannot call this "isolated" by any means.

I've been in trouble with the law, not prison but I had a community order. Not been in trouble since, not even come close to it. Stop playing the victim and poor me card and wise up and face the consequences for your actions.

Not always my favourite poster but I do like your straight talking no bullshit

It's what this poster needs, a good kick up the arse. He seems like a nice guy but if he's in and out of prison he's wasting his life away. I have every sympathy with people who end up in prison, everyone makes mistakes but you have to take control of your life and make sure you never go back there. I made an error, did my punishment and got on with life. It can be done.

However, what I do know is, that he is better served taking my advice than some fat, inbred no mark c**t going nowhere in his life like Stephen.

I feel for you, hope you can get something sorted..! Ring Andrew Costley, he's a criminal solicitor and a massive city supporter.. 07977169936