Custodial sentence for ABH?
I need some advice, I have recently been charged with ABH and await a magistrate summons. I head butted a guy with the back of my head as he was stood behind me after he was being offensive to me in a bar and I broke his nose, I have previously been charged with GBH (but this was 16 years ago) and more recently was given a caution for carrying an offensive weapon (small rounders bat, after finding it on the way home drunk)
Am i likely to be given a custodial sentence? I am a family man with a young daughter and a good job, and only have these offenses going against me, and I did write an email to the victim 2 days later after finding out who he was and that he was just a bit of a kid (19yrs) and just mouthing off in the pub as we have all done i guess.
Please help as I am really worried
A massive thank you for all advice, not sure I feel too much better, but I guess what will be will be.
I have been told I should plea not guilty on self defense, any thoughts on this? I can only pray that they take into consideration my good character and that I have my little girl and a good job.
Thanks again guys and please any more advice keep it coming.
- Jackie MLv 77 years agoBest Answer
I live in Scotland and yes you would get a court sentence for that, probably around 9 months and out after 4 for good behaviour, Good Luck
- Anonymous7 years ago
i am surprised you are being charged with abh not gbh and even if it was 16 years ago you still have got previous. you can use the fact you were provoked in your defence and your good background for the last 16 years, also pointing out you have a job and a family which are good reasons why you wish to stay out of trouble. this is the guideline they use in court - http://sentencingcouncil.judiciary.gov.uk/docs/Ass... - you want page 11 - section 47 - abh - a custodial sentence is possible. i would imagine the case would get referred to crown court after magistrates. if i was you i would hope for a suspended sentence or a community order.
when you say you have been told - you have been told by a solictor or lawyer or been told by a friend. you could try and not plead guilty on self defence, it lies with the prosecution to then prove that it was excessive self defence or you could plead guilty and get a 1/3 reduction and lower your culbrability with self defence. its up to you really. have you tried asking a solicitor ??
- DoethinebLv 77 years ago
It would have been more appropriate to charge you with GBH for a broken nose. The charge has presumably been reduced in order to keep the matter in the Magistrates' Court. A custodial sentence can't be ruled out, but it is more likely that you will be given a Community Penalty (e.g. a long stretch of Community Service) plus a Compensation Order.
- Anonymous7 years ago
You can't rule out a prison sentence entirely, but probably not - there is a reluctance to give very short sentences, as community service has been shown to make it less likely that someone will re-offend. My advice would be to plead guilty as that reduces any potential sentence, be duly sorry in court, and talk about having let your family down. That ought to make the magistrates a bit more lenient.
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- TavyLv 77 years ago
The Magistrates will most probably refer you to the Crown Court.
There is a chance of a prison term. I work for HMP and have 40 minors serving time for ABH. You might be lucky as we are so overcrowded.
You need a good Solicitor.