How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice.
12826847
Type Your UK Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

I am due to be sentenced for criminal damage and common

Customer Question

I am due to be sentenced for criminal damage and common assault next week.In relation to criminal damage I hit 2 doors in the house which I have already paid for them to be repaired.In relation to common assault I am accused of prodding her in the cheats with my finger, kicking her leg then pulling her hair and spitting in her direction.
This was a domestic incident and she was holding our 9month old son at the time.I have pleaded guilty to both charges and it is my first offence.
I work ful time, have a clean record and have privately paid for sessions with a counselling therapist in relation to this incident.This happened in Northern Ireland, what kind of punishment should I expect?
Submitted: 10 months ago.
Category: UK Law
Expert:  Jo C. replied 10 months ago.

Hi.

You can follow up on your other post?

Customer: replied 10 months ago.
Sorry I do not understand your question?
Expert:  Jo C. replied 10 months ago.

You have other posts open. You can follow up on those. There is no need to incur the cost of opening new posts.

Customer: replied 10 months ago.
Ok how do I do that?
Expert:  Jo C. replied 10 months ago.

Or we can carry on on here since the reply button is working.

Has she done this to you before?

Customer: replied 10 months ago.
Done what to me?This is my first offence
Expert:  Jo C. replied 10 months ago.

Ok. Why didn't they just caution you?

Customer: replied 10 months ago.
I don't know.
She put in a statement so they had to charge me I thought?
This is the first recorded incident of any arguments etc between us.
Customer: replied 10 months ago.
Should I expect a custodial sentence even though it is my first offence?
Customer: replied 10 months ago.
What kind of punishment should I expect?
Expert:  Jo C. replied 10 months ago.

No, there is no prospect of custody.

Expert:  Jo C. replied 10 months ago.

Actually I am rather surprised they didn't just caution you. Her wishes would be considered but they are only one small factor in a bigger reality.

Customer: replied 10 months ago.
I have read that common assault carries a maximum of 6 months custodial.
That added with the criminal damage charge and the fact it was a domestic incident with the children present has me very worried
Expert:  Jo C. replied 10 months ago.

It is too serious for a conditional discharge or a fine basically because there was a child witness.

However it will only be a low level community order.

I am sorry. If I made policy this type of nonsense would be in the family courts.

There will also be compensation for the damaged items and costs.

Can I clarify anything for you?

Jo

Customer: replied 10 months ago.
I have already paid for the damaged doors.I have been told I could get a short custodial sentence or a suspended sentence by my solicitor.I have to go to family court as well as she has filed a temporary non molestation order and residency and prohibited steps order
Customer: replied 10 months ago.
Also social services are now involved and I am only getting supervised visits with the children because of this
Expert:  Jo C. replied 10 months ago.

Yes, that will happen for a short time. I imagine that was her game all along.

Customer: replied 10 months ago.
I should be confident that I will not go to prison?
Expert:  Jo C. replied 10 months ago.

Yes. This will not lead to custody if the facts are as you say.

Customer: replied 10 months ago.
The judge used the word aggravated which concerned my solicitor, should I be worried about this
Expert:  Jo C. replied 10 months ago.

Oh yes, it is aggravated by the presence of a child.

That will not lead to custody.

Customer: replied 10 months ago.
Ok thank you, ***** ***** just worried about seeing my kids again and having this on record will surely go against me
Expert:  Jo C. replied 10 months ago.

Yes, but you will get contact in the end.

She won't be able to use this forever.

Customer: replied 10 months ago.
How long should I expect this to last for as I don't want to miss out on this time with them, I have been told I may need to attend some course before 100% contact is allowed as the family intervention team are now involved
Expert:  Jo C. replied 10 months ago.

I don't do family work and your original question was about crime which is my area.

I would imagine that unsupervised visits will follow fairly swiftly.

Customer: replied 10 months ago.
Ok thanks for your help, let's hope the judge doesn't decide to make an example of me as he didn't seem too impressed and is waiting to see pictures of a supposed bruise on her leg
Expert:  Jo C. replied 10 months ago.

There are sentencing guidelines now. He can't just go off on a frolic of his own.

Customer: replied 10 months ago.
but common assault has a maximum sentence of 6 months, could he not impose this?
Expert:  Jo C. replied 10 months ago.

As I have said, this does not cross the custodial threshold.

Customer: replied 10 months ago.
Ok thank you for your help
Expert:  Jo C. replied 10 months ago.

No problem. All the best.

Please remember to rate my answer.

Customer: replied 10 months ago.
What is a low level community order and do you have any idea what that could be?