Assault penalties

d4head77

Hoping someone can help. I was accused of assault following a row with a girlfriend in public. She had several very slight bruises as a result of falling drunk but is claiming I did them (I didnt) and the guards arrested me and interviewed me. I have never been in any trouble with the law so i have no experience of this sort of thiong and I don't know whether they believeed me or not. The girl had also been extremely abusive to me but I had stood back and let her, but I eventually started shouting at her and told her i never wanted to see her again. They let me go without charge and said they'd send a file to DPP. I am wondering how likely it is that i will go to court - if I do, I will lose my job and my family will dosown me whether I'm found guilty of anything or not. I am worried sick. If I do, what will happen? The guards said they were arresting me under section 3 or possibly 4 - I believe they mentioned both those section numbers, but I was that confused, shocked at being arrestuied I wasn;t thinking straight.

MagicSean

The offence is a section 3 assault. The detention and arrest would both have been section 4 of their respective acts. A section 3 assault would require more than bruising though. Did you consult a solicitor while in custody or have you done it since?

bath handle

Hell hath no fury like a woman scorned. I presumes you were as drunks she was?

d4head77

I had had a couple of pints but she was locked! Yes, I thought of "hell hath no fury" etc etc.... the thing is I'm trying to rebuild my life after it all and if this gets me dragged through courts, I lose job and everything. Any idea what likelihoods of different outcomes are?

d4head77

... and yes, i consulted a solr which the guards rang. He took details, gave me a little general advice, but I had been interviewed by then. He said they'd send a file to DPP, which they also said they would, and the solr said it would be months before i'd hear anything. Maybe a year. Can anything be read into that? I'm very worried. It says on another website the most common penalty is jail. All I did was react - albeit excitedly - to months of verbal abuse and humiliation from her. She also sla[pped me in the face on a number of pccasions, sometimes in public for no reason other than me telling her to calm down about something.

d4head77

.... and also, do i get legal aid? I am not well off though I am working.

quinnie123ie

legal aid is means tested, if you earn, chances are you wont qualify.

i was convicted for hitting a guy who was looking in my window with another guy when my GF was home alone with my child, got a 500euro fine and conviction. wont affect your job, and if you are innocent your family should stand by you, especially if she has a history of abuse against you. it will most likely drag out, but gather evidence and research your case and get a good solicitor, my downfall was my solicitor who wrecked my case, and mentally and physically i was to drained to appeal so i took the conviction and fine as used it as a lesson...

the two guys tried to press charges for assault, but only one of them could as his injuries were worse then the other... dont worry about it, as i said, if you are not guilty you will be fine if you get a good solicitor.

d4head77

Thanks, Quinnie. What bothers me is that she did have bruises, though all but one came about as a result of her falling over drunk twice. The other one I can't explain. She claims I threw her down steps - I didn't, there werent even steps there. I am worried she will tell the court i did them all and they'll believe her because there's always this taboo in our society about a man hitting a woman. I can't help worrying that they will take her part. I can't sleep. And my family, in my own circumstances won't stand by me, I know that. In any case I'd be too ashamed to face them. And I can't prove her history of abuse to me - that bit would be my word against hers. I have no law-breaking history at all apart from parking tickets.

Any idea how the DPP decide on these things? Will they definitely go ahead, and what happens then? Will the guards come and arrest me?

quinnie123ie

they wont arrest you, they will summons you to court with the charges brought against you if the DPP says they are enough to charge you with.

it is very stressful having something like this hanging over you but it doesnt sound that serious... i am not sure how it works, if somebody is found out for pergery (excuse spelling), but this is something you can guide your solicitor to try and weed out on the day...

the DPP will appoint a prosocutor who will prep her on how to address the judge, i assume it is in the district court, i suggest you get your solicitor to prep you also, because when it comes down to it, this can have a big impact on the day...

make a diary/notes of what you can remember of the night asap and keep them, detailed notes...

this is my opinion, but there is nothing stopping you fabricating your end to make you sound better... but maybe that is not advisable as you may get caught out.

Consult your solicitor before you make a statement to the guards also, you may want to have him/her present... the guards will be standing as witnesses as they will have taken her account and give their account of what they experienced when they recieved the call etc...

thats all i really know, i can nearly guarantee you wont be going to prison over a couple of bruises though...!

d4head77

Thanks Quinnie - that helps me. I'm still crappin meself though and I hate it hanging over me. My employment is such that I'd get sacked also.