I'm afraid that the likely outcome is that they will summons him. They may let him withdraw really for no better reason than that he is a man. If it were the other way around they would definitely summons him. But the chances are fairly high they will not let him withdraw.
You can't drop cases just be making a retraction statement. The truth is that he would have been better off saying nothing at all and just not attending court. They would not have a summons for him then
Are you asking what probable sentence you would get?
That will depend really on your previous.
I imagine the assault on PC was not the first act of violence judging from the sentence. If so, how many and when?
Also, are you still on a suspended sentence?
I was charged previously for 1) assaulting PC, a constable in execution of her duty. Contrary to section 89(1) of the Police Act 1966. 2) assaulting a CDO, a detention officer under Part 4 of the Police Reform Act 2002 acting in execution of her duty Contrary to section 46(1) of the Police Reform Act 2002. I was never charged with violence before other than stuff on record for drunken behaviour and breach of peace which i was never charged for. My suspended sentence ended end of July this year.
So whats likely to happen?
If the assault PC was the only violence on your record, the suspended sentence must have related to something else? If so, what ?
The assault on PC could not have been serious violence or they would have used another charge.
Please note that there may be a delay in coming back to you but it will be at some point in the early evening.
There were no other offences other than assault police. They gave me suspended sentence i think because i spat on the officer??? They then gave me:
They sentenced me to imprisonment of 8 weeks, then suspended this for 12 months
A supervision period for 12 months to be supervised by a probation officer
Treatment for alcohol dependency for 6 months
80 hours community service
100 pound fine.
I honestly was not charged with any other offences.
The only previous offence to this was drink driving where they took my licence off me for 14 months.
That was rather harsh then. An assault upon a person acting in the course of their duty is an aggravating factor but its not worth a suspended sentence on a first offence.
In any event, if you are not on a suspended sentence now and you have no other violence than this on your record, and you are charged with a common assault then you really should escape custody.
There is only one aggravating factor here and that is that he did suffer injury even if it was only minor. I suppose they may not like the fact that it happened when you were under the influence of alcohol which does seem to be a theme of your antecedence from what you say but I don't think amounts to an aggravating factor. If there's only one aggravating factor then this should not cross the custody threshold unless there is concern that you will not comply with a community order or it will not protect the public.
If you've completed your previous orders that will be helpful. I suppose it depends how the alcohol order you had previously went. If you were not on an alcohol order then you may need to expect that type of order on this occasion. In any event, if you've done your community orders they would struggle to justify custody.
Of course, that does depend upon you being charged with common assault not ABH.
In future though, we never admit things at the police station. If you'd made a no comment interview then you may well have walked away with nothing here.
If the Prosecutor mentions them then they may be considered by Magistrates even though they should not.
If you had done a no comment interview you wouldn't have to plead guilty. The difficulty you have is that you've admitted offenses so even if your partner retracts they can still prosecute you.
The previous matters should not impact on sentence hugely.
Ok in that case what is the likely sentence if go to court?
Can you recommend anything that will help my case and avoid prison?
On the basis of what you've said above its a community order.
There isn't really much you can do now. You will need a solicitor at court but there's nothing that can be done about the admissions you've already made.
If you access help yourself about any alcohol issues then that may be helpful.
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