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possible charge of ABH / Aggravated

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
A relative looks likely to be charged with aggravated burglary.

He and two other went to the house on another once they had been told of some previous wrong doing to this relatives girlfriend.

They went to the house to warn him away and to leave them alone.

Another of the member of the group punched the victim first and a punch was returned to my relative, the relative then returned the punch and they had a scuffle on the floor, the third member of the group separated the fight and that was the end of that. The victim reported it to the police the next day and is a well-known visitor to them already.

The three offenders are all working �normal guys� and this the police offer has said is obviously out of character, however it is of course still not the way to behave.

My relative is in a well-paid and respected job and has been told that he has been thoroughly helpful and was not originally interviewed as he lives separately to the other two members.

The police called and asked if he could attend the station rather than them coming to work and causing a stir.

He went immediately and co-operated with finger prints / dna etc�

The Aggravated burglary I think has come from where they knocked on the door and stepped in to talk rather than the victim coming out of the house?

Do you think that he will be looking at a custodial term, or as he being a first offender with no history of this as per the other two, is he likely to receive a fine and possible community pay back?

Your thoughts would be much appreciated?
Regards
J

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    ammendment

    Title should also include ABH

    thanks
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    People keep posting these complicated legal questions on here, and I don't understand why. It must show up on a google search.

    However my advice to your "relative" is the same as to anyone else: go and see a solicitor if they haven't already done so.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Nobody on here can give you any definitive advice. It's always better to get that from a solicitor ~(even they will not give you any definitive advice!). While the sentencing guidelines are available to consult online there is insufficient information to help give any guidance at all.

    Aggravated Burglary means a burglary committed where the defendant has with him any firearm or imitation firearm, any weapon of offence, or any explosive; and for this purpose (section 10, Theft Act 1968). Scetion 9 of the same Act defines burglalry. The maximum sentence for Aggravated burglalry is life
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Hey there,

    As Arctic Roll and Avizandum highlight, it is hard to give you proper legal advice on this matter as more information would be needed. A lawyer can provide more detailed and tailored advice for your relative.

    Your relative can use the 'Legal Aid Finder' which allows you to search for law firms in your local area for the area of law you require. Your relative can also get free confidential legal advice by calling 0845 345 4 345 (Mon - Fri 9am - 8:00pm and Sat 9am - 12:30pm).

    Your relative can also visit their local Citizen's Advice Bureau office.

    :)
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