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Charged with GBH - what to expect?

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
I have to go to Crown Court for the first time - charged with GBH from getting into a fight. What I want to know does this always mean a sentence - my brief says in most cases it does.

I haven't been in trouble for 18 months but things just got out of hand when teh fight started.

I got done for TWOC, criminal damage and drunk and disorderly before but that was when I was under 18 but after I was in trouble we moved away from all that and I haven't been in trouble since. I'm 19 now and will be 20 in a few months.

If I do get sent down will it to be Young Offenders or adult prison? I hear from some peeps that YOI is worse but don't really know. Anybody know anything about what it's really like inside and should I be worried or is it alright?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    hmm i think it makes a fair difference if the charge is plain old GBH or GBH with intent .. given the cirumstances, if it was through a fight.. its a fair bit different than you setting out to injure someone

    if the other stuff happened before you were 18 i think it still counts as you being a juvenile.. or is that 17 and below.. not entirelly sure.. either way i don't think previous convictions are going to help at all but if they were juvenile charges it won't affect it as much

    pretty sure it will be an adult prison you'll be sent you.. if its GBH from a fight tho i couldn't see it going that far, depending on how nasty things got

    sorry im not too much help and good luck either way mate! :thumb:
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Depends what state the other fella was in. Did it seem like a fair fight - injury wise. Did you admit everything.

    If you do go down it will definetely be an adult prison.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    It's GBH 20 - I know there is a more serious one but they still said you can get 5 years for it.

    They got it on CCTV so I've seen it and it looks worse than it was. We were both drunk for sure and I don't know why but I picked up a bottle and used it. I couldn't believe it when I saw it.

    I'm freaaked out about maybe going to prison as I've heard some bad stuff but I know it's too late for that now.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    To be honest mate, from what you've said I'd prepare yourself for doing some time.

    Won't be that bad you get playstation 3's, ping pong and lapdancers inside now.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    A bottle... ouch... made it very hard for yourself youth


    When is it?

    Is there time to enroll on some form of voluntary scheme in your area? anything to help show self-rehebilitation, regret, charactor building etc...


    A bottle instantly makes it more likely to be a custodial sentence IMO.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Paul50 wrote: »

    They got it on CCTV so I've seen it and it looks worse than it was. We were both drunk for sure and I don't know why but I picked up a bottle and used it. I couldn't believe it when I saw it. .

    ouch, cant really argue with CCTV

    i'd probably go for the 'i was drunk and didn't know what i was doing' excuse.. no idea how well that would hold up tho
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    z- wrote: »
    ouch, cant really argue with CCTV

    i'd probably go for the 'i was drunk and didn't know what i was doing' excuse.. no idea how well that would hold up tho

    I wouldn't IMO.

    As mr Orange said. Do the church goer routine.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I've been to magistrates but it's gone to Crown Court in 6 weeks.

    It is really the fact that I was drunk but I've been told not to say that as it doesn't go down too well.

    It was actually the other guy who kicked it off but it doesn't look like that on the CCTV stuff. I know I shouldn't have gone back and just did nothing but it doesn't always happen like that.

    I saw something on TV the other night about an open prison and it didn't look too bad but I'm guessing they're not all like that. The thought of it all still freaks me out a bit.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    deceelpool wrote: »
    Won't be that bad you get playstation 3's, ping pong and lapdancers inside now.

    Sounds alright to me :D
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    If the brief says to expect a sentance then you probably should do.
    Of course it doesnt always mean a sentance, circumsances can be different in each case so it will depend on the facts.
    The bad record in the past will hardly do you any good, as will using a bottle but the fact that you've stayed out of trouble for nearly 2 years will hopefully do you some good.
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    SkiveSkive Posts: 15,286 Skive's The Limit
    I reckon you might get a way with community service. You done any CS before?

    I got caught when I was your age on CCTV in fight and convicted of violent disorder. I was looking at doing bird but managed to come away with 80 hours CS.


    You need to make an effort in court, good solicitor, nice suit etc. And having you family there is good too. I remember my mother standing up and putting a few words in that I'm sure helped.

    Good luck, hope you get off lightly.
    Weekender Offender 
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    if you plead guilty to it youll have up to 1/3 knocked off and that might be the difference between the slammer and not.

    drunkeness adds time, as does intent or premeditation. a past record adds time too, and depending on the previous and when you did it, can make you be deemed a "dangerous offender".

    i think you should expect to be doing some time, probably around 6-12 months (so youd be out in 4-8), and anything less is a huge bonus. a guilty plea knocks it down, and your barrister might try for a lesser charge to be offered, if the CCTV is that compelling the cps wont have any of it.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Calvin wrote: »
    Sounds alright to me :D

    Don't get too excited. The lapdancer's a 200lb man. :p
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    a past record adds time too

    Would this not depend on what your previous is and what you're currently being charged for?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    z- wrote: »

    i'd probably go for the 'i was drunk and didn't know what i was doing' excuse.. no idea how well that would hold up tho

    Yeah you'll be looking at a sentence up to 5 years.

    As for using intoxication as a defence, Section 20 is a basic intent crime and you can't use drunkness as a defence if it was voluntary.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Sofie wrote: »
    Would this not depend on what your previous is and what you're currently being charged for?

    Yeah, it is obviously worse if you have a string of similar convictions - your taking the piss outta that particular law etc.
    But having a record of any nature will obviously be looked at in a dimmer light that somebody with a squeaky clean history.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    squeal wrote: »
    Yeah you'll be looking at a sentence up to 5 years.

    As for using intoxication as a defence, Section 20 is a basic intent crime and you can't use drunkness as a defence if it was voluntary.

    I think top end 2 years.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    deceelpool wrote: »
    I think top end 2 years.

    I didn't say he would get 5 years, i said up to, as in the maximum he could get is that.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    squeal wrote: »
    I didn't say he would get 5 years, i said up to, as in the maximum he could get is that.

    I never said you did, i expressed my view on the topic.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I was in court a few weeks ago and sat in on a case of a lad who was 18 who had been really drunk and bottled a guy in a club. The guy needed a gash in his head glued together.

    He got community service, a curfew so he had to stay at home every night, and was sent on a course about problem drinking. So maybe you should mention being drunk.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Bollocks, you'll not go to prison mate, courts seem to like to tag people and ban them from the area where they were drinking for 6 months rather than give them a custodial. A mate of mine got in to a fight just before xmas and the CCTV footage looked like he was causing it, he ended up getting tagged for 3 months and banned from town for 6 months.
    another buddy of mine broke (may of fractured, cannot remember) a guys jaw and get got 6 months tag, a fine and CS.
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    SkiveSkive Posts: 15,286 Skive's The Limit
    Makoto wrote: »
    Bollocks, you'll not go to prison mate, courts seem to like to tag people and ban them from the area where they were drinking for 6 months rather than give them a custodial.

    I think there is a very good chance he'll get bird, but then I think there's a chance he might get a hefty amount of cs too. Using a bottle is pretty serious shit tho.

    Prison are quite full at the moment which could work in his favour.
    Weekender Offender 
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Get some money for a good solicitor if you can afford it, at the end of the day it's up to the judge but you need all the odds on your side.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Skive wrote: »
    I think there is a very good chance he'll get bird, but then I think there's a chance he might get a hefty amount of cs too. Using a bottle is pretty serious shit tho.

    Prison are quite full at the moment which could work in his favour.

    He used a bottle? I thought someone else their mate used once used one?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Appreciate the info on here - it's good to hear what happened to other people in other situations.
    Skive wrote: »
    I reckon you might get a way with community service. You done any CS before?

    I got caught when I was your age on CCTV in fight and convicted of violent disorder. I was looking at doing bird but managed to come away with 80 hours CS.


    You need to make an effort in court, good solicitor, nice suit etc. And having you family there is good too. I remember my mother standing up and putting a few words in that I'm sure helped.

    Good luck, hope you get off lightly.

    I got community service twice before - 100 hours - that was for the TWOC when I was 17 and then 50 hours for the criminal damage after that. Because I got that before the brief reckoned I wouldn't get it again - the best thing I could hope for was to be tagged or a suspended.

    I've been asking my parents about speaking up - was told that character witnesses would look good - and I think they will so that although they are pretty pissed off at me about what happened. I'm also working so that should help and I'll be putting on the suit.

    Where does violent disorder come compared with GBH. I sit worse or better if you know what I mean? How were you feeling when you thought you could be going to prison - were you nervous about all that? It's the only thing on my mind these days.

    Thanks for what you said.
    if you plead guilty to it youll have up to 1/3 knocked off and that might be the difference between the slammer and not.

    drunkeness adds time, as does intent or premeditation. a past record adds time too, and depending on the previous and when you did it, can make you be deemed a "dangerous offender".

    i think you should expect to be doing some time, probably around 6-12 months (so youd be out in 4-8), and anything less is a huge bonus. a guilty plea knocks it down, and your barrister might try for a lesser charge to be offered, if the CCTV is that compelling the cps wont have any of it.

    I'll be pleading guilty - no choice really but he's trying to do something on the charges but isn't too hopeful. When I asked him about it he said if I went guilty he thought 18months- 2 years was possible but I don't know if he was saying that just to make it sound bad or what. If I did get 6-12 months it would be a lot better.
    katchika wrote: »
    I was in court a few weeks ago and sat in on a case of a lad who was 18 who had been really drunk and bottled a guy in a club. The guy needed a gash in his head glued together.

    He got community service, a curfew so he had to stay at home every night, and was sent on a course about problem drinking. So maybe you should mention being drunk.

    I think the drunk thing is pretty obvious from the CCTV. I haven't really been drinking since so I don't know if that will help. If it worked out like that and I got away with a curfew or being tagged I would be pretty happy.

    From what I hear they seem to be coming down heavier on stuff like mine now especially with the bottle.


    Makoto wrote: »
    Bollocks, you'll not go to prison mate, courts seem to like to tag people and ban them from the area where they were drinking for 6 months rather than give them a custodial. A mate of mine got in to a fight just before xmas and the CCTV footage looked like he was causing it, he ended up getting tagged for 3 months and banned from town for 6 months.
    another buddy of mine broke (may of fractured, cannot remember) a guys jaw and get got 6 months tag, a fine and CS.

    Just hoping you might be right
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    The prisons are to over crowded any way, they might end up given you a suspended or something, let us know.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    It's a weird thing, you can't say it was alcohol fueled because you'll get more time, but in a sober state you never would have done this. A friend got caught doing 115mph down the motorway on his brand new R1. Before court, he sold the bike, then said he wasn't used to the power. Because you haven't been drinking, I would have said you could say that it makes you prone to violence and you haven't drunk since and want to change your lifestyle etc. etc.

    But as I said earlier, if a solicitor who costs a grand knocks even two months off, you're in a much better position aren't you? Best of luck anyway, I think prison doesn't really help in most cases.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    You're right about prison not doing any good. I know what I did was stupid and have learnt my lesson. I can't say I haven't been drinking since but haven't really been drunk or had to much. I've got a good solicitor any way and I'm doing what he says.

    It's so hard to get my head around the fact that doing one stupid thing might ruin what I hoped to do in the future, if the worse happens but that's where things are. Not knowing what will happen and worrying about it is pretty tough too.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    You should tell the court that your under emotional stress and your depressed and you cannot help but hate the way you feel about your life at the moment so you use the beer as a release and the other night everything came to a head. You know, lay it on thick, give em a sob story.
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    SkiveSkive Posts: 15,286 Skive's The Limit
    Paul50 wrote: »
    Where does violent disorder come compared with GBH. I sit worse or better if you know what I mean? How were you feeling when you thought you could be going to prison - were you nervous about all that? It's the only thing on my mind these days.


    Violent Disorder's pretty serious and a custodial sentance is the norm on conviction I was told. That had me shitting it, especially when I was up for a charge of Criminal Damage at the same time. That got dropped on the day though. Going into court think you may not be leaving as a free man was one of the worst experience of my life.

    I hadn't been in any 'seriuous' trouble with the old bill before - a couple of cautions and that was it, and that's why I probably didn't get any bird.

    The fact that you've done CS twice before makes me think you will get a little time for this. A mate of mine did 3 of a 6 month sentance last year for GBH and that was his first offence. It'll come down to the judge on the day.

    Good luck anyway matey. Try and keep out trouble. :thumb:
    Weekender Offender 
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