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I am due to be sentenced for criminal damage and common

Customer Question
assault next week.In relation to...
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: 1 year ago.Category: UK Law
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9/18/2016
Solicitor: Jo C., Barrister replied 1 year ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70,652
Experience: Over 5 years in practice.
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Hi.

You can follow up on your other post?

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Customer reply replied 1 year ago
Sorry I do not understand your question?
Solicitor: Jo C., Barrister replied 1 year ago

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

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Customer reply replied 1 year ago
Ok how do I do that?
Solicitor: Jo C., Barrister replied 1 year ago

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

Has she done this to you before?

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Customer reply replied 1 year ago
Done what to me?This is my first offence
Solicitor: Jo C., Barrister replied 1 year ago

Ok. Why didn't they just caution you?

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Customer reply replied 1 year 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 reply replied 1 year ago
Should I expect a custodial sentence even though it is my first offence?
Customer reply replied 1 year ago
What kind of punishment should I expect?
Solicitor: Jo C., Barrister replied 1 year ago

No, there is no prospect of custody.

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Solicitor: Jo C., Barrister replied 1 year 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.

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Customer reply replied 1 year 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
Solicitor: Jo C., Barrister replied 1 year 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

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Customer reply replied 1 year 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 reply replied 1 year ago
Also social services are now involved and I am only getting supervised visits with the children because of this
Solicitor: Jo C., Barrister replied 1 year ago

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

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Customer reply replied 1 year ago
I should be confident that I will not go to prison?
Solicitor: Jo C., Barrister replied 1 year ago

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

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Customer reply replied 1 year ago
The judge used the word aggravated which concerned my solicitor, should I be worried about this
Solicitor: Jo C., Barrister replied 1 year ago

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

That will not lead to custody.

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Customer reply replied 1 year ago
Ok thank you, ***** ***** just worried about seeing my kids again and having this on record will surely go against me
Solicitor: Jo C., Barrister replied 1 year ago

Yes, but you will get contact in the end.

She won't be able to use this forever.

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Customer reply replied 1 year 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
Solicitor: Jo C., Barrister replied 1 year 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.

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Customer reply replied 1 year 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
Solicitor: Jo C., Barrister replied 1 year ago

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

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Customer reply replied 1 year ago
but common assault has a maximum sentence of 6 months, could he not impose this?
Solicitor: Jo C., Barrister replied 1 year ago

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

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Customer reply replied 1 year ago
Ok thank you for your help
Solicitor: Jo C., Barrister replied 1 year ago

No problem. All the best.

Please remember to rate my answer.

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Customer reply replied 1 year ago
What is a low level community order and do you have any idea what that could be?
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Jo C.
Jo C.
Jo C., Barrister
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Satisfied Customers: 70,652
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