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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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Assault-Battery, first offence (aged 59) would I get off

Customer Question

For Common Assault-Battery, first offence (aged 59) would I get off with a fine? (I pleaded guilty).
Submitted: 11 months ago.
Category: UK Law
Expert:  Jo C. replied 11 months ago.

Hello what actually happened when the offence occurred?

Customer: replied 11 months ago.
I punched somebody on the nose, once,whilst drunk. Their nose was not broken.
Expert:  Jo C. replied 11 months ago.

What were the circumstances please?

Customer: replied 11 months ago.
I own a house in which my mother, sister and niece live (rent free). I live in a flat nearby and we visit each other frequently. On this occasion I was at the house and my sister and I had been drinking heavily. A row ensued and my sister asked my to leave 'her' house. I was incensed and I struck her.
Customer: replied 11 months ago.
I've left the house to my niece in my will.
Expert:  Jo C. replied 11 months ago.

Are you female?

Customer: replied 11 months ago.
No, I'm male.
Expert:  Jo C. replied 11 months ago.

Will she give evidence?

Have you admitted it?

Customer: replied 11 months ago.
we called an ambulance to get her nose checked at the hospital (it was ok). She didn't want to press charges but the ambulance crew insisted on informing the police. I admitted it immediately.
Expert:  Jo C. replied 11 months ago.

OK. Too late now then.

There is no prospect of a fine. This is a fairly serious assault as common assaults go. It is also aggravated by the fact of it being a domestic and you being in drink.

I would have told you to put them to proof but if you have admitted it to LAS then it is game over.

Unless you have horrific previous convictions it is not likely it would lead to custody but a community order is inevitable.

There will also be costs and compensation.

Sorry if that is bad news.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
Thanks.
Expert:  Jo C. replied 11 months ago.

No problem and all the best.

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