Assault sentence

[Cait73]

Any legal people that could give me an idea what someone might get if found guilty of assault by beating?

I don't know anything about the legal system so wouldn't like to even guess, and I know more serious offenders have walked away from much worse so I'm guessing it's not a custodial sentence?

Thank you

Could be anything from jail to a fine to community service, depends on the circumstances, how much the other person was hurt and if they have previous etc,

Okay so lots of variables, thank you

If you post more Info people can support with likely outcome but with so little info it’s impossible.

It all depends. It could be anywhere from a fine to 6 months in prison (of which they would serve half actually in prison).

Most likely it will be a community order unless there are a number of aggravating factors.

Look up the Sentencing Guidelines.

Assuming the charge is common assault rather than ABH or GBH, the sentencing guidelines are at www.sentencingcouncil.org.uk/offences/crown-court/item/common-assault-racially-or-religiously-aggravated-common-assault-common-assault-on-emergency-worker/

Defendant is my daughter, victim is me, I have custody of her son it got ugly - unprovoked (prolonged) attack first offence long term damage panic attacks, ptsd and ongoing soft tissue neck damage

Minor cuts and bruises

@prh47bridge that link is brilliant thank you

You are welcome.

Unlikely to be custodial based on what you've written, especially if it's a first offence.

@RedHelenB I'm hoping for a non custodial sentence (I don't believe this would serve any purpose) the cps have recommended a non molestation order which I'm hopeful of I was just wondering what else might happen

Have you done a victim personal statement OP? Nothing to stop you saying that you don’t wish her to go to jail in that.

I presume it’s going to be heard in the mags court? It’s very unlikely a female first time offender will go to jail for a common assault, particularly if she pleads guilty and is cooperative with probation. I would have thought she’ll get a community order inc unpaid work and a rehabilitation requirement with a few quid compensation.

@JaniceBattersby it's not common assault and she's not co operative AT ALL lol

Yes victim impact statement done I'm hoping she's directed towards some form of help but we'll see

@JaniceBattersby she pleaded not guilty (against legal advice) that's why it went to trial which she didn't bother showing up for

The case was heard in her absence but I don't think they'll be so forgiving if she doesn't turn up for sentencing

I don't think they'll be too forgiving for not showing up to the trial in the first place. I'm sorry you're having to go through this.

@MilduraS I'm sure it's deeply frowned upon but I was just relieved they proceeded regardless after many delays and false starts

And thank you

There is a discount for pleading guilty. She'll get the full sentence.

If it isn't common assault, what is it? ABH? GBH? If so, the sentence will be higher.

GBH with aggravating factors, namely while I was holding 1 year old child

In that case it will have been heard in the Crown Court and you want the sentencing guidelines at www.sentencingcouncil.org.uk/offences/crown-court/item/causing-grievous-bodily-harm-with-intent-to-do-grievous-bodily-harm-wounding-with-intent-to-do-gbh-2/

In simple terms, she will get a custodial sentence. The only way she doesn't go to prison is if the sentence is suspended, but that can only happen if the sentence is 2 years or less, i.e. right at the bottom of the sentencing range. On your description of the offence, she will only get a sentence that low if the judge steps outside the sentencing guidelines. You talk about the attack being prolonged and causing long term damage. That suggests it is at least Culpability B, Category 2.

Apologies - I misread your post. Those are the guidelines for GBH with intent. If the offence is inflicting GBH you want these - www.sentencingcouncil.org.uk/offences/magistrates-court/item/inflicting-grievous-bodily-harm-unlawful-wounding-racially-or-religiously-aggravated-gbh-unlawful-wounding/

A custodial sentence is still likely but lower than if it is "with intent".

@prh47bridge proving intent will be near on impossible my opinion is it was a spur of the moment thing so not planned

There is (however) documented history of abuse and violence, my daughter was in possession of drugs at the time of her arrest so probably under the influence and she's been highly uncooperative and disrespectful of the process throughout

I still don't think jail will be of any benefit

A suspended sentence is certainly possible. It depends on the level of harm and the category. But she hasn't done herself any favours by pleading not guilty and failing to turn up.

Pleading not guilty and then not turning up to trial is not going to go in her favour with a judge. The fact she won't turn up to trial means the judge may well look for a small custodial as she can't be "trusted" to adhere to a community order.

Or of she is put on a suspended sentence with community order with a drugs and rehabilitation order, won't be long before she has a "breach" by the sounds of it and ends up on a custodial.

I know it's not what you want to hear, as understandably nobody wants their child to serve a custodial sentence, but she has done herself no favours by not attending court.

@Gwrach she could have killed me and/or her 1 year old son (who she was visiting, I have custody) that day I have very little sympathy BUT from what I've heard about jail it won't do her any good?

She needs help, not that she's likely to take it but I worry jail would only make her worse although I would understand and respect the reasoning behind it

I just want my restraining order so I'm not abused and harassed non stop like I am now we've moved house I've changed phones even had to move the boy's nursery she still finds ways to get to us