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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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Being charged with assault contrary to section 39 first

Customer Question

Being charged with assault contrary to section 39 first offence , will I be likely to get a prison sentence?
Submitted: 1 year ago.
Category: UK Law
Expert:  Alice H replied 1 year ago.

My name is ***** ***** I am happy to help you today. It might be quicker and easier to discuss this in the telephone - would you like to accept an additional service?

Customer: replied 1 year ago.
I want advice from a solicitor within the UK
Expert:  Alice H replied 1 year ago.

I am a criminal solicitor based in London.

Expert:  Alice H replied 1 year ago.

Do you have any criminal convictions? Also what is the nature of the incident? Was there any injury?

Expert:  Alice H replied 1 year ago.

Hi - do you still need help with this matter?

Customer: replied 1 year ago.
No prior convictions, just small cuts and bruises as far I am aware
Expert:  Alice H replied 1 year ago.

OK please bear with me - I am typing an answer for you right now.

Expert:  Alice H replied 1 year ago.

I have been looking at the Magistrates Court Sentencing Guidelines for you.

If you plead guilty at the first hearing the sentence will be reduced by up to 30%.

For somenone who doesn't have previous convictions and where minor injuries are inflicted the court is likely to impose a low level community order - this could involve such things as supervision, unpaid work or curfew.

It is unlikely that a prison sentence would be imposed for this type of incident unless other factors were involved e.g. weapons (including kicking with shod foot), history of violence, homophobia.

So, in summary, based on the information you have provided, it seems unlikely to me that a prison sentence would be considered or imposed by the court.

Expert:  Alice H replied 1 year ago.

Please remember to take a moment to rate my answer otherwise I am not paid for my time. Thank you!