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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70282
Experience:  Over 5 years in practice.
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I was physically attacked on the 15th February by a male friend

Customer Question

I was physically attacked on the 15th February by a male friend ('am') in my house at 6.00pm with my partner and 3 children in the house. He smoked a legal high and then without any warning launched a vicious attack, smashing me against a wall and trying to ram his hand in my mouth. He threw me to the floor where he held my nose and then thrust his entire arm into my mouth and down my throat; he said he was going to kill me and I was going to enjoy it. I couldn't breath. He ripped through the back of my throat causing air to get into my spine. I was in hospital for 10 days.
He was arrested at my house where he was pepper sprayed to calm him down. He threatened to kill my children and said I should be dead. Despite everything he has still not been charged and his bail has been extended to 3rd June. He has 2 charges against him - threats to kill and assault.
2 questions:
does the delay mean they are less likely to charge him?
What is the likely assault charge?
Thanks jenny
Submitted: 2 years ago via InBrief.
Category: UK Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
On your specific points
1 Delay generally does suggest some form of doubt over something. It might be just doubt over the correct charges. It is very unlikely that he will be charged with threats to kill as it is a high test and almost never mad out. There are lesser public order offences and anyway it is usually captured by an assault charge.
2 That depends on your injuries. You don't mention those here. It is the level of injury that determines the charge. On the information you have provided here it is a common assault. If you had injury then that would change the charge.
Can I clarify anything for you?