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what would be the likely sentence to be given for branding…

what would be the likely...
what would be the likely sentence to be given for branding a weapon if foung guilty? my friend was involved in an incident by the roadside after someone bumped into the back of him and was intimidated by the other man involved so, after trying to reason with this man, grabbed his work saw from the car and told him to leave him alone. the saw was not used and he didnt touch the man in any way. to further complicate matters, the man was an off duty policeman and my friend has 1 previous conviction. if found guilty, what sentence do you think he will be looking at as we are all very concerned.
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Answered in 17 hours by:
1/10/2011
Fran-mod
Category: Scots Law
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Customer reply replied 7 years ago

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ScotsLawPro
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Hi Thanks for your question.

I have noticed where you are located and can give a somewhat more certain answer as the court where you live is where I routinely work. Make no mistake this is very serious, even if the other person is not an off duty police officer.

The Sheriffs in Kilmarnock Sheriff Court are very much against this type of thing and even with one previous conviction they will almost certainly be considering custody. There will almost certainly be a request for background reports and your friend should be at pains to point out to the social worker how much they deeply regret their actions, they should also appreciate the serious nature of the matter. They should rule out none of the sentencing options and make it clear to the social worker that they would be prepared to carry out community service. That is a direct alternative to custody that must be complied with otherwise custody will follow.

Sorry to be all doom and gloom, but this, as I said earlier, is very serious. The target of your friend's solicitor is to avoid the jail for your friend, anything else is a good outcome.
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Customer reply replied 7 years ago

Thank you for replying. He knows its not looking great but im wondering, in your opinion, how likely a jail sentence is and how long he would be looking at if he got one?

He is released on bail the now and the trial is coming up. I know he is having difficulty with legal aid so i thought id try this website. I know he has been beating himself up over his stupidity and i know how much he regrets it. He was trying to stay out of trouble and did the completly wrong thing. He is my boyfriend so i am obviously worried about it.

Thanks

Hi again

I can't give percentages about the likelihood of jail sentences I'm afraid but what I can say is that I know all of the criminal solicitors that work in that Sheriff court and all the sheriffs. The lawyers should all be able to persuade the Sheriffs not to jail him as long as he accepts what I said about his foolishness etc to the Social workers. If he does get the jail the maximum would be 12 months, he would serve 6 but that is for someone with a bit of a record not just one conviction. If jail I would expect no more than 6 or 7 months, serving half. Try not to look at that aspect though, accept he's been daft and sing the right song and he'll get Community Service. He must not try to blame someone else, that's really important.

He will get legal aid, just make sure all info asked for is provided, wage slips , bank statements etc
ScotsLawPro
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