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Please can you advice me what will likely happen with the…

Hi please can you advice...
Hi please can you advice me what will likely happen with the following.In March me and my partner of 6 years had a domestic argument. She drank every day and often came across in my face and argumentative. On this occasion it got heated and whilst she was coming at me I was pushing her away and pushed her on the sofa to try and restrain her and stop her coming at me. She was practically hysterical, during the commotion her sister called the police and then I was arrested as she had marks on her and I didn't really.The argument started by her saying she was seeing somebody else etc and we had a few cross words then she told her sister things i hadn't done which caused her to call the police and then the argument went from there. Once she had a drink her temper was a regular occurrence and many a time I came home from work to a drunken mess where her child had to let me in the house.My defense was that I said I was guilty of the assault by beating charge but it wasn't intended and I didn't hit her just try and calm her down etc. and keep her away from me by pushing her away. I did agree she had gained marks however which I must have caused during the struggle but I didn't actually hit her. I had never ever been in any trouble before and I had been a great partner to her bringing up her 3 year old son for 6 years and paying off her debts as she was very poor with money. This was out of character for me and I agreed I should have walked out the door and avoided any confrontation with her. The result was the court issued a conditional discharge for a 2 year period in which almost a year has gone by.Early December she contacted me about the last few things she had at my property and saying she needed my help. I spent about a week with her collecting her things and me helping out sort her flat out. I was so surprised to see that she had no heating or hot water, nothing to cook with a fridge or freezer etc and even lights in some rooms. No carpets the list goes on and the place was a right mess with drink bottles all over the place etc. She asked for my help to buy food, pick up a cooker and install it, install a fridge freezer, buy and put up some blinds in the lounge. I also got the heating and hot water fixed and did lots to try and help her. I spent an entire evening cleaning and sorting out her kitchen so it could be used as a kitchen and was clean etc. I thought that after helping she could get her son back to live with her and she would be happier. During the week she said she missed me and loved me and I thought that we were still close.I was there for a week and the last day she asked me to install her new Wi-Fi and virgin media box. As i was doing this I connected her phone to the Wi-Fi and went to send myself an imessage to check it was working correctly. It was then I realised that I was down as Lisa in her phone and came across messages from her boyfriend who she had been with for what looked like months. I said to her that I felt used and was upset that she had lied to me and that her new partner had done nothing in the whole time they have been together to help. I told her that the things I have paid for have made me feel used and that the TV that i had also bought her id be taking with me. I took the TV and minus that she owed me around 3k from the past and the £400+ id spent for her over the past week. Id never received a penny back from her yet it and I only helped again now because i was worried and still cared she was ok.I left that day and over the course of the next 2 and bit weeks i did try to make contact with her either by calling, sending an email or leaving a voicemail but I never heard a thing. Her son is with his Nan as she wasn't capable to look after him and I was surprised that neither of them heard anything from her either from early December onwards including the whole of Xmas etc. I had an interview on the 2nd and this was the only time I had walked past her work as the venue was just past here. I didn't go in or anything but I did glance in when I walked past but I didn't notice her. I was curious if she was still holding down her job.From the 3rd of Jan i gave up and never made a further contact or at least tried to. To my surprise I had the police arrive and arrest me on the 12th Jan saying that she had made an allegation of the following. I apparently went to her flat on one morning and gave her the rest of her things back. Whilst I was there i discovered her new partner etc and threw a mirror at her and then went on to assault her by sitting on her and placing my hands around her neck etc. I then left and since then I carried on harassing her and even going past her work on many occasions.I told the police the truth and said I had been asked to help her and had been for about a week etc. as above. I said that I didn't in any way assault her.The outcome was i was charged with common assault by beating and harassment.
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Answered in 2 minutes by:
1/15/2018
NishaJonesLaw
Category: UK Law
Satisfied Customers: 2,167
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Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 1 month ago
thanks, ***** ***** out of space on the question page. there was just two pieces of evidence i was shown at the interview. A broken mirror that they tried to say was criminal damage. i explained that the mirror was mine that she took from mine and she had been painting it yellow and left it against the lounge door. This i knocked when leaving with the tv in the morning and it cracked on her concrete floor. They then dropped the charge of the criminal damage. The only other thing i was shown was an email i sent the next day saying i didn't mean any harm and would still like to be friends for the future. By that i meant any harm by discovering her messages in the phone and for her being upset i had seen them. I still cared hense me saying id like to still be friends. They took my phone to look through but gave it me back and didnt say they had got anything from it
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70,936
Experience: Over 5 years in practice.
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Hello

I'm in the UK.

I'm not sure what your question is about this?

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Customer reply replied 1 month ago
Hi Jo, the above question i have is what will likely happen when it goes to court. The solicitor at the police station said there is hardly any evidence. Im worried due to the conditional discharge that i had from before. She has left it over a month to raise this allogation which is strange as surely if it had of happened she would have gone to the police at the time and shown marks etc from a mirror. the duty solicitor said i was right to defend myself and it might be we go to the court with a restraining order to stop any further problems.
Customer reply replied 1 month ago
Whilst at the police station they have charged for common assault by beating and harassment. They only evidence i was shown was a broken mirror and my email the following day. Nothing to say i touched her at all because i didn't and i was honest about attempting to contact her after but this was in very good faith and was as i cared about her.

Are you asking if you'll be convicted?

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Customer reply replied 1 month ago
im concerned what will happen. So far I've said I'm not guilty and the duty solicitor said i was right to defend myself.

Will she give evidence?

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Customer reply replied 1 month ago
i dont think so, she never did last time. i think she has done this over a month later knowing i have that conditional discharge hanging over me. Im not sure whether its she doesn't want to pay me anything back that she owes me, yet I've never asked for it as of yet. or maybe with me trying to contact her she feels I'm going to be in the way of her new partner or something I'm really not sure. Im happy to never see her again now and I'm happy for a restraining order if that was to help my case. I really cant see why if she was telling the truth she would have reported it at the time not wait over a month. The solicitor didn't think id get charged but i still was

I cannot really pre-empt the view of the court. Quite apart from anything else I have had no vision of the papers.

But you could contest this. You may win. You may not. Generally speaking the magistrates court is biased in favour of the crown.

If you are running self defence then it is very difficult for men to run that against women.

Can I clarify anything for you? If you ask a clearer question then I may be able to offer more.

Jo

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Customer reply replied 1 month ago
Hi yeah i appreciate that. The time in march i pleaded guilty as it was as i said me pushing her away etc but i just accepted that i should have walked away etc. I had good character and never any trouble before and i gave a lot of background into how she was and her drinking etc. Which was left as the conditional discharge verdict. Yes i am going to plead not guilty for the charge of assault as i haven't done anything and she has no evidence either and reported the alleged assault over a month later with no injuries or anything. For the harassment i have tried to call her as from the 9th til the 3rd of January as i was concerned no one has heard from her not even her son over xmas etc this wasn't in a negative way but i now learn that it can be seen as harassment. even though i have said that i ave tried to contact her and email her could i still plead not guilty for the harassment with it being genuine and out of concern. do you think if we went to the court saying to put a restraining order in place that would be enough for them to be satisfied. Or do you think they will relook at the conditional discharge and add in new charges for this

Yes, they will consider the conditional discharge.

They will probably introduce that as bad character.

If you are convicted then it will be re sentenced.

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Customer reply replied 1 month ago
what would the likely sentence be then do you think

I don't know enough about the offences really.

I would expect a community order though. It has gone beyond a fine or a discharge.

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Customer reply replied 1 month ago
do you think im likely to be convicted of the offences she has recently bought? can i try and make it clearer for you in anyway to understand

No, that is not what I said.

I cannot say whether you will be convicted or not. It depends on factors that I cannot know.

However, it would be dangerous to not anticipate the risk of conviction. You do have a relevant previous conviction and magistrates are generally biased in favour of the crown.

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Customer reply replied 1 month ago
is the conditional discharge still a conviction then? as prior to that i had a clean record. if the worst happened could they send me to prison? I'm going to plead not guilty as there isn't any evidence and i cant see why she would do this now surely at the time she aledged not over a month later

Yes, a conditional discharge is a sentence consequent upon a criminal conviction.

If you commit another offence during the term then you fall to be resentenced.

Im happy to continue with this but please rate my answer.

Jo C.
Jo C., Barrister
Category: UK Law
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Customer reply replied 1 month ago
would be prison be possible then? yes ill rate your answer thanks

It is possible but not likely.

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Customer reply replied 1 month ago
based on a previous conditional discharge for common assault, a new allegation 10 months later thats made up over a month later than it apparently happened ie 9th dec only reported 12th jan with no evidence and then small evidence that ive tried to contact her in good faith but accused of harassment by doing so. what do you think without obv seeing the papers i would get? could i get an order to not see her ever and a fine or would i get more? if a community order what do you think it would be which level roughly? would it help me by getting character references? also during the week of me helping her a friend saw us at tesco which proves i was there helping not just turned up like she said.
Customer reply replied 18 days ago
Hi Jo, Can i let you know what the court hearing went like the other day and get your thoughts?

Yes, carry on?

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Customer reply replied 18 days ago
When i went to court i pleaded not guilty as originally planned. The solicitor had changed for a different one but had the notes etc. The court were talking amongst themselves for what seemed about 15 minutes and then there was a trial date set. I haven't seen her statement however the prosecution was talking about both my ex and her friend coming to give evidence. Im not aware of any actual injuries just her friend backing up what she is saying i guess. They were trying to add things in from when we were together over a year ago i think or at least trying to. I have given my defence plenty of things with only some being directly relevant but it seems like its there word against mine and nothing i say seems to help it feels. You were right they introduced the conditional discharge as bad character and then said it being on the same person etc. It seems like my case is poor for the so called harassment as they say there were messages and calls etc although just out of care and concern and no one had heard from here not even her son or carer etc.It felt like the court were just out to throw everything at me and i was surprised suddenly there will now be a friend coming with her. The hearing isn't until the 20th April so i guess they might not turn up but feels like there trying to stitch me up. Also it feels like the court will say I'm guilty anyway even though I'm not for the assault. i get that the messages etc can be classed as harassment now but didn't realise to be honest.I'm worried sick that there gonna throw me in prison. If my defence failed it would be common assault by beating, the harassment non violent, and the conditional discharge from before. Is there anything i could do to avoid a prison sentence, or do you think i could get suspended sentence or a community order. Is there anything i could do now to help my case and to avoid prison. I really appreciate your thoughts

You will not get custody for this.

It just does not happen unless you have horrific previous convictions.

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Customer reply replied 18 days ago
I really hope not its such a terrible thought. The solicitor just said that worst case scenario is 6 months but depends on what they bring up to try and prove the common assault. It sounded like they were trying to say she has missed work and been different because of me etc. Ive given lots of pictures of her place ie her drinking and the state of the place to show that the reason could be her drink issue. Yeah prior to that conditional discharge from march when we split i had a completely clean record.Do you think i should plead guilty for the harassment to show that i didn't realise it was etc. i did try message and call her, i believe there was about 20 missed calls in total over the month. I had an interview that i have proven right close to her salon and i walked past once and looked in as i passed. i didn't go in nor did i see her. I had her family contacting me saying that they haven't heard from her and i was concerned as well we had been together 6 years. Her son didn't even here from her at xmas or his nan who is looking after him. i gave up contact on the 2nd Jan yet they are saying the 12th for some reason, my phone record says the 2nd

20 miss calls is probably enough to get over the hurdle of harassment.

I'll visit haven't had full vision of this case so you should really follow the advice of your solicitor.

However if you made 20 calls and she was not responding then that is harassment I'm afraid.

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Customer reply replied 18 days ago
yeah i know now i realise that is the case now for the harassment but didn't at the time. I guess i could plead guilty now for that and explain why etc. i feel for the assault they will more than likely listen to them but it was over a month later she reported it and there was no pictures of any injuries etc. Thats the part which feels like the stitch up but i believe what you said before that they are biased to go with the original cps decision, when i was sat there it honestly felt like that. I appreciate you haven't seen the full papers etc but your help has been excellent i really do appreciate it. So if they made both stick do you think i could walk away with a community order and or fine at the worst?

It would just be a community order.

They won't impose custody for this.

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Customer reply replied 18 days ago
Yeah if thats what the outcome was i would be like fair enough next time ill be far more careful with who i go out with. I honestly just care about keeping my house and bills paid at the moment and getting the new job as i was made redundant last year. Do you think id get any better support paying a solicitor appose to legal aide? Thank you again for the help, ill let you know hot it goes, its the 20th of April. I'll leave you a great review as well..

there's no point in paying a solicitor. Legal aid is perfectly adequate.

I'm sure it will be fine.

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Customer reply replied 18 days ago
Ok thank you i appreciate your thoughts ill let you know how it goes.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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