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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70109
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: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Hello what actually happened when the offence occurred?

Customer: replied 1 year ago.
I punched somebody on the nose, once,whilst drunk. Their nose was not broken.
Expert:  Jo C. replied 1 year ago.

What were the circumstances please?

Customer: replied 1 year 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 1 year ago.
I've left the house to my niece in my will.
Expert:  Jo C. replied 1 year ago.

Are you female?

Customer: replied 1 year ago.
No, I'm male.
Expert:  Jo C. replied 1 year ago.

Will she give evidence?

Have you admitted it?

Customer: replied 1 year 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 1 year 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 1 year ago.
Thanks.
Expert:  Jo C. replied 1 year ago.

No problem and all the best.

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