section3 assualt

JackCharlton

i was out with my missus on Valentines night this year in a pub
and some drunk guy came over to my missus and grabbed her by the arm
i pushed him away and then he undid his zip flashed her ..

i walked over and punched him and he fell to the ground
the cops were called and i made statements etc
i told them what happened and told them i did hit him
i have never been in trouble before.

they rang me this morning and told me im being charged with section 3
assult summilary in the district court.
the guard told me that even though he would have done the exact same thing and so would 99.99 % of all blokes (his words not mine)
he still has to do his job. and so its going to court
1 week after it happened the guy i hits solicitor sent me a letter for a
civil case ,looking for compensation

MOD NOTE *im not looking for legal advice just looking for the probable outcome
ie fine /probation act etc

Our man in Havana

Probation act is the most likely result.

The civil case would be more serious and you will need specialist legal advice.

JackCharlton

even on a section 3 assualt ?
i broke the guys nose

i didnt mean it i jsut flipped when he flashed my missus

drkpower

Why did you hit him? He is obviously an idiot; and Im sure your missus has seen worse in her time.

I dont understand why people dont just walk away in these scenarios. Now, you are likely to be on the end result of a few hundred quid fine at least and will probably be down at least €10000 when the civil case is done with.

This is one where you really really really need a solicitor. As its being tried summarily you probably will only end up with a fine but imprisonment is not out of the question so you need to be very very careful.

JackCharlton

i know what i did was completly wrong and completly out of charcter for me
BUT
what he did was far worse
i asked him to go away and he wouldnt

i have a solicitor working with me on this

JackCharlton

could i even get imprisionment with no previous convictions ?

drkpower

Haddockman wrote: »

Probation act is the most likely result.

Do not listen to this kind of advice. You could get very very very lucky, but a section 3 assault is a potentially very serious matter. Some judges may understand your position and be lenient; others might have absolutely no sympathy whatsoever for you. In addition, if your victim is preparing a civil claim, he is going to be gilding the lily in terms of his injuries, and if the judge accepts his evidence, you could be in trouble.

Our man in Havana

I would be very surprised if you did. A good solicitor will be worth his weight in gold in your situation.

drkpower

JackCharlton wrote: »

i have a solicitor working with me on this

You really should be asking this guy ^^^.

You would be pretty unfortunate to get prison with no previous convictions and given the circumstances, but the District Court is like a box of chocolates in Forrest Gump.

JackCharlton

I know but no harm in secont opinions

tricky D

JackCharlton wrote: »

i was out with my missus on Valentines night this year in a pub
and some drunk guy came over to my missus and grabbed her by the arm
i pushed him away and then he undid his zip flashed her ..

Would you be able to counter with a complaint of sexual harrasment/assualt from your oh - criminal and civil?

\wondering

JackCharlton

tricky D wrote: »

Would you be able to counter with a complaint of sexual harrasment/assualt from your oh - criminal and civil?

\wondering

i just think its going to look very retrospective now at this stage

we did speak about this but she is terrified of him and i dont
want her to be put thru making statements etc

tricky D

That's a pity. He's getting a lot more than he deserves and both of you are getting a lot less, especially you. The threat of such charges against him and the social implications could well make him do an about turn.

Tom Young

Go to a solicitor. This is very serious.