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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice.
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I'm in court tomorrow assault charge, Yes, It's not my usual

Customer Question

Hi pearl, I'm in court tomorrow for common assault charge
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Yes
JA: What advice did they give you?
Customer: It's not my usual lawyer as the court is out of her area she has put me into someone else but haven't spoken to him yet
JA: Is there anything else the Lawyer should be aware of?
Customer: Not that I can think of I just wondered what my chances of prison are? I've got previous for assaults on police an common assault
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Hello what exactly happened when you committed the offence?

Customer: replied 1 year ago.
My daughter was staying at my mums and my sister was there. My daughter is 12 and keeps telling them lies and twisting things about me an my partner. We had sent my daughter a tx an she twisted it, I tried to call to spk to her an my sister said she wouldn't let me so I said i wud go an pick my kids up as she has no right. I got a cab round there an me an my sister went for each other, pulling hair. Then she called the police on me an I got arrested and charged with common assault. I've got court tomorrow
Customer: replied 1 year ago.
My sister had messaged me to to say that she wasn't letti my daughter come home an that I needed to pack a bag for her
Customer: replied 1 year ago.
My sister has denied pulling my hair but the officer that interviewed me had a clump of my hair as evidence an I also had scratches on my neck and chest caused by her which he took photos of. She has been to the station to say she doesn't want this to go further but I know that's prob made it worse cause they will just summons her to do it.
Customer: replied 1 year ago.
She had a scratch on her eye an I said I didn't mean to do it it was prob caused in the scuffle
Expert:  Jo C. replied 1 year ago.

Ok. Are you asking if you should plead not guilty?

Customer: replied 1 year ago.
I want to plead not guilty coz we both pulled each other's hair I've admitted it but she hasn't. Also what are my chances of prison? I've got previous 4 assault on police an common assault
Expert:  Jo C. replied 1 year ago.

Why did you pull her hair?

Customer: replied 1 year ago.
She wouldn't let me in the house as I tried to squeeze past I put my hands out as if to say I wasn't going to touch her, she put her hands up an said your not coming in. We both went for each other at the same time an pulled each other's hair. The officer that interviewed me said there was a chance she would be arrested too but to my knowledge that hasn't happened
Expert:  Jo C. replied 1 year ago.

Have you admitted this to the police?

Customer: replied 1 year ago.
what I've told u is what I told them. I said we have always had a bad relationship
Expert:  Jo C. replied 1 year ago.

Are you charged with common assault?

Customer: replied 1 year ago.
Expert:  Jo C. replied 1 year ago.

Ok. How did pulling her hair cause her to let you into the house?

Is the allegation that you did more than pull her hair?

Customer: replied 1 year ago.
It happened at the front door. We were pulling each other's hair an the door went wide open an we were on the floor. She had a small scratch on her eye lid an nose. I said that was an accident. I had several scratches on my neck and chest that the officer noted.
Customer: replied 1 year ago.
My mum tried to split us up. Then my sisters boyfriend (who is a copper) pinned me down to the floor an told her to call the police. He held me til the got there
Expert:  Jo C. replied 1 year ago.

Ok. But why were you pulling her hair? At the moment you are not describing self defence although that might be we are just not getting to the cause of your actions.

Customer: replied 1 year ago.
We were as bad as each other. We went for each other at the same time. We have scrapped a lot in the past so this is nothing new. Pls can u tell me what my chances of prison are because of my previous, I've got 3 children to think of
Expert:  Jo C. replied 1 year ago.

You are not going to get custody for this.

However, you are not, at the moment, describing self defence. You are just describing retaliation. That is common assault.

Had you not admitted it I would have told you to contest it and put them to proof as she may not give evidence but you have admitted it.

But custody will not happen.

Can clarify anything for you?

Jo

Customer: replied 1 year ago.
Thanku Jo. But even with previous 4 assaults on pc an one common assault years ago? What do u think I will get? I've been tagged before, community service several times and fines
Customer: replied 1 year ago.
It was retaliation. I didn't ask for my solicitor coz I didn't think she would lie. I thought it wud be nfa. Even the investigating officer was shocked that I got charged. He came into my cell to take pics of my scratches to put in the file. It's obvious we were hurting each other. In retaliation. I don't want to lie an say self defence.
Customer: replied 1 year ago.
My sister and her partner told the police I went for her an she didn't do anything. I laughed wen the officer told me and said how funny ey are saying the same thing. Not that it is funny but surely it's obvious they wud stick together? It's their word against mine
Expert:  Jo C. replied 1 year ago.

You are not going to get custody.

Apart from anything else you are female and women are never sent to prison in the UK unless they actually kill somebody.

Make a no comment interview if you cannot truthfully deny the offence next time.

It is not their word against yours. You admit the offence.

Customer: replied 1 year ago.
What do u think I will get? An should I go not guilty?
Expert:  Jo C. replied 1 year ago.

Not on this evidence. You have admitted the offence.

Customer: replied 1 year ago.
Ok. What do u think I will get?
Expert:  Jo C. replied 1 year ago.

A community order probably.

the fact that she was misbehaving too is always good mitigation.

Customer: replied 1 year ago.
Is the fact she told me that I wouldn't be getting my daughter back mitigation too? She kept her for 2 wks.
Expert:  Jo C. replied 1 year ago.

Not really. Different issue really.

Customer: replied 1 year ago.
But that's why I went thre. It wasn't for a scrap it was to get my children if she had put my daughter on the phone I wouldn't of gone round
Expert:  Jo C. replied 1 year ago.

Yes, but that doesn't really mitigate a common assault.

All common assaults are provoked in some way otherwise they don't happen despite the nonsense victims will say about them being unprovoked.

Customer: replied 1 year ago.
She's not a victim. She is just making out she is. She's a liar. Do u think they will arrest her? If I plead guilty will I get sentenced tomorrow? Or cud it still go to trial?
Expert:  Jo C. replied 1 year ago.

Yes, like most victims. Whatever you read in the papers victims are generally just next week's defendant. Nobody ever comes round to my house and attacks me for no reason and the reason they don't is that I don't issue people with provocation all over the place.

None of my former partners ever start harassing me either. Funny that.