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Assault

Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
Hi. Wonder if anyone can help. I have been charged with S47 ABH. The charge is that I threw a drink at a publandlady (she had called my friend a black b*****d, and then hit her with glass. What actually happened is that I threw drink at her, she came for me and we had a scuffle. Unfortunately, she has black eye and brusing. I was at Court yesterday. I pleaded not guilty and on the advice of my Solicitor I elected for Crown Court even though CPS wanted Magistrates and teh Magistrates accepted jurisdication. I am now devasted that I chose Crown Court (even though my solicitor advised me to) as I am terrified that if I'm found guilty I will get a worse sentence. I have never been in trouble before, am 35, female and a legal secretary. My solicitor seems to think that she will be able to persuade CPS to drop it to Common Assault Charge and then I can plead guilty to that. But I feel as though she gambling with my life. Was wondering if anyone knows, can i go back and ask that the Magistrates deal with it.

Somebody/anybody please help, any advice greatly appreciated as I am going out of my mind with worry

Comments

  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Hi Jamhulio

    Sorry to hear about the situation you're in.

    There are a few posters here with legal experience that might be able to help - though I'm afraid I'm not one of them.

    What I can do is point you in the direction of askTheSite - which is our free expert advice service. You'll be able to get an answer from them as well as look for any relies to this thread

    Just head over to -

    http://www.thesite.org/community/askthesite
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    If you are intending to take it to trial then you're better off in the Crown Court because you will be tried by jury rather than by the bench. It will go to trial unless the CPS accept a plea bargain. Normally when barristers get involved at Crown Court more gets done with plea bargains.

    The maximum sentence in the Crown Court is higher on paper, but often the Crown Court tends to sentence more leniently for more minor offences. Certainly in my experience the Crown Court tend to sentence more leniently, sometimes even avoiding custody for something that the bench would sentence to imprisonment.

    I think you have been advised fairly well and I wouldn't go round the back of what your solicitor has said. You're panicking, understandably, but try and relax and have faith in your solicitor, they do this all the time and usually get it right.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    For your solicitor to get your offence downgraded to a common assault is, hopefully good work on their part. The police and CPS will always charge the most serious offence they can, as offences can be downgraded quite easily, but often takes a lot of work to be upgraded in court.

    As for crown court, you can only request a crown court trial if they press ahead with the ABH trial. If it is downgraded to common assault i'm pretty sure you can only get it tried in a magistrates court as it's only a summary offence.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    The defendant can elect for crown court trial for any offence at any time. The prosecution cannot if it is a summary offence. The government want to change it but haven't yet.

    The best one I heard was someone who elected for crown court trial for shoplifting; he'd nicked about £2 of stuff from the local Co-Op, they insisted on pressing charges, so he just used it to take the piss. Good on him really.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Kermit wrote: »
    The defendant can elect for crown court trial for any offence at any time. The prosecution cannot if it is a summary offence. The government want to change it but haven't yet.

    The best one I heard was someone who elected for crown court trial for shoplifting; he'd nicked about £2 of stuff from the local Co-Op, they insisted on pressing charges, so he just used it to take the piss. Good on him really.



    My bad
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Kermit wrote: »
    The best one I heard was someone who elected for crown court trial for shoplifting; he'd nicked about £2 of stuff from the local Co-Op, they insisted on pressing charges, so he just used it to take the piss. Good on him really.

    :lol:
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