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Alice H
Alice H, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have been charged with racially aggravated common assault

Customer Question

I have been charged with racially aggravated common assault and assault by battering in a bouncer. I wasn't racist at all but he said I shouted go back to your country. There is no witnesses or cctv evidence, he is also claiming that I hit him 20 times and bit him for 10 seconds, I did hit him with my bag but it was because he was grabbing hold of me and hurting me. I have a lot of injuries to myself which my solicitor took pictures of. I have a precious conviction from last year for wilful neglect, what will be the likely outcome from this.
Submitted: 1 year ago.
Category: UK Law
Expert:  Alice H replied 1 year ago.

My name is ***** ***** I am happy to help you today.

You seem to be saying you acted in self defence - is that correct?

Expert:  Alice H replied 1 year ago.

Racially aggravated common assault can be tried in the Crown Court and the maximum sentence is 2 years imprisonment.

Simple common assault (or battery) carries maximum sentence of 6 months imprisonment.

The court can, of course, impose lesser sentences, if convicted, such as a suspended prison sentence or a community based penalty such as unpaid work.

The Crime and Disorder Act 1998 says at section 28: "...at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership of a racial or religious group..."

Telling someone to "go back to your country" is likely to fall into the category of 'racial group' as defined above.

If you acted in self defence and deny the level of violence alleged you should think about pleading not guilty and having a trial in the Crown Court in front of a Judge and jury. You might stand a better chance in front of 12 people in the Crown Court than 3 Magistrates.

Hope this helps. Happy to discuss further if needed.

Alice

Customer: replied 1 year ago.
I acted in self defence, he said I tried to walk out of the fire escape and he grabbed hold of me to take me away, I didn't even hear him speak in order to hear an accent or anything. I had no idea of his ethnic origin. He then dragged me down some stairs to exit me from the club and I fell then he was on top of me, he also claims he was on his own but there was another bouncer there
Expert:  Alice H replied 1 year ago.

This is not the first time a bouncer will be in court for getting involved in a fight with a customer. It seems to be a common occurrence.

Grabbing you without warning may be an assault. Even if you tried to walk out the of fire exit he doesn't necessarily have the right to put his hands on you.

This is going to be one persons word against the other.

Your previous conviction is irrelevant to this matter - its of a completely different nature anyway.

If you have any injuries you should get them documented as soon as possible.

Expert:  Alice H replied 1 year ago.

Can I assist any further with this matter?

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Thank you