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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice.
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Last Friday me and my wife had an argument and I decided to

Customer Question

Hi ***** me and my wife had an argument and I decided to leave the house to let her and myself cool down. I tried to take my wallet but she wouldnt let me so we had a little wrestling during which we accidentally collided with our heads resulting in a small cut on her eyelid. Our son who saw her bleeding called the police as he thought I beat her up. I was arrested and charged with assault by beating despite the fact my wife didn't give any statements against me and telling the police it was a pure accident. At the station during interview I answered all questions ,no comment, as advised by solicitor. Now I'm reading that pleaing not guilty makes my guilty in the eyes of magistrates whilst guilty secures low sentence. What should I do please?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Have you already said in interview what you said above? If so, that is why you are charged.

Customer: replied 1 year ago.
No I didn't answer any question during interview
Customer: replied 1 year ago.
Or to be precise to all questions I answered ' no comment' .during my detention my wife was called 3 times by arresting officer trying to persuade her to make statement against me is that normal? I have no previous convictions or charges
Expert:  Jo C. replied 1 year ago.

Yes, well, that is why domestics should be in the family court if they need to be litigated upon at all. It is all a load of nonsense.

Yes, it is fairly normal. It is all a waste of time. Women make allegations and then seem outraged that the police actually want to investigate them. The police become annoyed about this and try to persuade them to support allegations.

Will her son give evidence? How old is he?

did they photograph her injuries?

Customer: replied 1 year ago.
Son will not give evidence he is 18 and pictures were not taken as my wife refused as in fact it was an accident and not domestic violence.
Expert:  Jo C. replied 1 year ago.

Well, it is not that simple. You are describing an offence.

I know that you are not describing abuse but despite what you read in the papers there is very little real domestic abuse in the UK. Most of it is a load of nonsense. I think most people have rows that overspill into minor acts of combat to a certain extent. Sadly some people seem to think they can call the police about that.

However you are describing wrestling and that is an assault. You might have self defence available but it is always difficult to run self defence against a woman. This is why your solicitor told you to make a no comment interview and he was spot on.

However, if nobody is giving evidence and there are no photographs of the injuries then it will all disappear into nothing. They are probably trying to rely on the res gestae evidence of the 999 call or some other desperate twaddle.

You should report this shocking waste of money to the taxpayers alliance. I don't blame the officers at all. It is a policy of the police that is to blame not the officers individually.

That said, in fairness, it can all be avoided if people don't call the police. Don't make too many allowances. You are where you are now because he called the police and you have every right to be annoyed.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Hi thank you just one more question would you advice to take a solicitor and go not guilty way hoping the cps will drop it or go on my own and receive some community service and fine?
Expert:  Jo C. replied 1 year ago.

Absolutely do not plead guilty. They will have to give in ultimately. You only plead guilty if you are going to be convicted.

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