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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11288
Experience:  30 years as a practising solicitor.
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I wounder if you could help me as i was accused of

Customer Question

Hi, i wounder if you could help me as i was accused of assualting someone while i was putting price lables at my shop during a normal working hours. At the timea women customer came in and i was just engaged with by saying how are you and how you been doing is everything is ok? Suddenlly a man came in who i was banned from my shop earlier days because he was suspicious of stealing items from the shop with his friends. He told me why you swearing to my mum and in replyed ghat i never swared at her just said what i said above. He started swaring at me and came towards and suddenly punched on my eyes and as a self defence i pushed him away and he suddenly heated his head to the shelf where i was labeling and threw my lablegun to him but did not heat him and then my emploee came up tried to take him out of the shop peacfully but later swaered at him out side of the shop and my friend tried to kik him off but missed him and then he called the police and i was ended in custody for 24 hours and later realeased on bail with losds of condition.
Now i was accused of the folleoing offences:
1- offence under s.38
2-assuslt to injury
My question is, will be ended with sentences or i was acted in a self defence?
Your prompt reply is much sppreciated
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
Please send me a written answer please
Customer: replied 1 year ago.
Please note, i was not questioned at police station even my legal rep was attended and all i was told to be released on bail. And told them that i am not plea guilty.
Customer: replied 1 year ago.
Please further note, i am residing in Glasgow and my shop was also in Glasgow where the incident took place. I have sold the shop since July 2016.
Customer: replied 1 year ago.
However, the injury to the man was a tinny unseen mark without bleeding at all. It was just seemed to bruising.
Customer: replied 1 year ago.
Furhermore, i am a British and the claimant is Slovakian national.
Customer: replied 1 year ago.
Please see the bail condition letter.
Customer: replied 1 year ago.
Customer: replied 1 year ago.
Is there any answers ?
Expert:  JGM replied 1 year ago.

Thanks for your question. From your narrative it appears to me that you do have a defence of self defence. The test is that you were using reasonable force and that there was no avenue of escape. This would appear likely where you were in a confined area with this man attacking you. It is also good that you have a witness in the form of your assistant. You will have to take your own lawyer's advice once he gets the Crown statements of the witnesses for the prosecution but self defence certainly seems to be an option for you here. I hope that helps. Please leave a positive rating so that I am creditd for my time.

Customer: replied 1 year ago.
Thank you for your reply. Please can you do a little bit further in terms of:
1- chance of success or failure .2-Is there any procedure that the solicitors should follow? Because he dis not see me to take any statement from me3- while i was in a police station no statements were taken from me and no one asked me why i was there?4-so far, no one taken statement from me even my solicitor5- what do you think of the injury?6- what about my friends?Thank you
Expert:  JGM replied 1 year ago.

1. From what you say, fairly good but your solicitor will have to see the Crown statements and advise you. 2. They get the Crown statements and discuss these with you. 3. Doesn't matter. 4. Your solicitor will do so as part of the trial preparation. 5. Minor. 6. Your friend can be a witness for you.