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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69992
Experience:  Over 5 years in practice.
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Charged with section 39 by beating

Customer Question

Charged with section 39 by beating
Submitted: 2 years ago.
Category: UK Law
Expert:  Jo C. replied 2 years ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
I had a row with my partner. I throw the phone to a mirror and both are smashed up. But now she saying i punched her and shaked her. Thank you
Customer: replied 2 years ago.
I have admited for damge to property the phone ane mirror.
Expert:  Jo C. replied 2 years ago.
Ok.
What is your question about this please?
Customer: replied 2 years ago.
I have a hearing in 2 weeks. I have been bailed. What will happen in the hearing
Expert:  Jo C. replied 2 years ago.
Is this the first court appearance?
Customer: replied 2 years ago.
Yes
Expert:  Jo C. replied 2 years ago.
You will just be asked to enter a plea.
If you plead not guilty it will be adjourned off for a trial.
If you plead guilty they will probably sentence on the day or possibly adjourn for a pre sentence report.
For future reference, we never admit offences at the police station. She was never going to give evidence against you so you would have walked away with everything. Silence is golden at the police station.
Of course, if she hadn't called the police and caused all of this it would have been avoided as well so you do need to bear that in mind.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Yes
will i be send to prison.
Expert:  Jo C. replied 2 years ago.
Not for a common assault and a criminal damage unless you have horrendous previous convictions.
Customer: replied 2 years ago.
I havent admited that i punched her.
i said didnt lunched but i did i pushed her away from me as she was grabing me
Expert:  Jo C. replied 2 years ago.
No but you have admitted the criminal damage which would have depended on her evidence.
If your account of events is true then you have every right to be a little annoyed with her for creating this situation.
Customer: replied 2 years ago.
Will the they give me a fine in court?
Expert:  Jo C. replied 2 years ago.
I would brace yourself for a community order.
This is domestic nonsense and if you are convicted on the common assault they are probably not going to be happy with a fine.
You might be lucky.
Customer: replied 2 years ago.
How much community work would i be required to do you think please
Expert:  Jo C. replied 2 years ago.
It depend on the order.
I would imagine something like anger management.
I am happy to continue with this but please rate my answer.
Customer: replied 2 years ago.
Yes but it will finish the time
Customer: replied 2 years ago.
Will it be like a class or unpaid work for the community please
Expert:  Jo C. replied 2 years ago.
I'm not sure what you mean ? You can ask follow up questions after rating. People come back months afterwards.
Customer: replied 2 years ago.
Anger mangment will be like a class or i have to do unpaid work
Customer: replied 2 years ago.
Please
Expert:  Jo C. replied 2 years ago.
I will opt out for others.