Help with an ABH case
Hello I'm wondering if someone can help as my mind is in overdrive about what's going to happen to me .
Here's what happened . About 3 months ago me and friend were out and about two hours into the night we left a bar and we making our way to another I was slightly intoxicated or tipsy. A man who was way more drunk or even high on drugs came running across the street to us and demanded a cigarette . My friend told him we didn't smoke and we turned to walk away as he looked unsafe and slightly out of it . As we turned away the man flipped and starting shouting and throwing punches at my friend , my friend ran down the street slightly to the next road junction and this crazy guy followed him yelling
My friend was on a corner with moving traffic around him and this guy in front of him trying to square up to him. At this point I had the vantage of being grind the crazy guy and seeing that my friend was clearly distressed ad fearing be would be hit I grabbed the guys shoulders and pulled him backwards with the intention of putting him to the floor so we that we could get a away . As soon as I did this me and friend ran up the street in case he bad other ppl with him. It was puring down with rain and we ran into a nearby bar . About 10 minutes later I was told to go outside by the bar staff .I was then arrested by police with GBH with intent section 18 to my horror. It turned out the guy and gone down hard or had fallen funny and had hit his head . His head was bleeding and it was also mentioned he had been unconscious for a few seconds . I was taken to tb police station and put in a cell overnight . In the morning I was given a duty solicitor and interviewed by police . My duty solicitor told me to give a no comment interview despite we explianing my defence. Be stated it was better to not give the police anything as they were looking for more evidence . I was then bailed with no charge and rebailed over 3 months until recently I went back to the police station and was charged with ABH. I was I disbelief that the cps or the police and chosen to charge me as I was sure that the ctctv of the scene would have shown me basically trying to apprehend this man who hard started attacking us. I have been advised that the guy who claims to be the victim had not given a statement but the police are relying on cctv and two independent witness statements. Conveniently the witness statements do not mention the guy starting the attack or his wild nature. Also alarmingly the police have near refused to take a statement from my friend who I was defending despite them taking his details at the scene and despite him calling the investigating officer correctly to advise he had information in relation to the incident . I have been given a magistrates initial hearing and feel completely lost and have barely eaten or slept since. I have never been in trouble before of any kind and I feel like everything is stacked against me and I am going to wrongly punished . I accept fully that I caused this person harm by my actions and am sorry for that , but I did what I thought reasonable to protect my friend and me at the time and in the moment .
Can anyone offer any advice or what my likely sentence would be ? Any conviction no matter what will lose me my job but the thought of prison is making me scared to death.
Here's what happened . About 3 months ago me and friend were out and about two hours into the night we left a bar and we making our way to another I was slightly intoxicated or tipsy. A man who was way more drunk or even high on drugs came running across the street to us and demanded a cigarette . My friend told him we didn't smoke and we turned to walk away as he looked unsafe and slightly out of it . As we turned away the man flipped and starting shouting and throwing punches at my friend , my friend ran down the street slightly to the next road junction and this crazy guy followed him yelling
My friend was on a corner with moving traffic around him and this guy in front of him trying to square up to him. At this point I had the vantage of being grind the crazy guy and seeing that my friend was clearly distressed ad fearing be would be hit I grabbed the guys shoulders and pulled him backwards with the intention of putting him to the floor so we that we could get a away . As soon as I did this me and friend ran up the street in case he bad other ppl with him. It was puring down with rain and we ran into a nearby bar . About 10 minutes later I was told to go outside by the bar staff .I was then arrested by police with GBH with intent section 18 to my horror. It turned out the guy and gone down hard or had fallen funny and had hit his head . His head was bleeding and it was also mentioned he had been unconscious for a few seconds . I was taken to tb police station and put in a cell overnight . In the morning I was given a duty solicitor and interviewed by police . My duty solicitor told me to give a no comment interview despite we explianing my defence. Be stated it was better to not give the police anything as they were looking for more evidence . I was then bailed with no charge and rebailed over 3 months until recently I went back to the police station and was charged with ABH. I was I disbelief that the cps or the police and chosen to charge me as I was sure that the ctctv of the scene would have shown me basically trying to apprehend this man who hard started attacking us. I have been advised that the guy who claims to be the victim had not given a statement but the police are relying on cctv and two independent witness statements. Conveniently the witness statements do not mention the guy starting the attack or his wild nature. Also alarmingly the police have near refused to take a statement from my friend who I was defending despite them taking his details at the scene and despite him calling the investigating officer correctly to advise he had information in relation to the incident . I have been given a magistrates initial hearing and feel completely lost and have barely eaten or slept since. I have never been in trouble before of any kind and I feel like everything is stacked against me and I am going to wrongly punished . I accept fully that I caused this person harm by my actions and am sorry for that , but I did what I thought reasonable to protect my friend and me at the time and in the moment .
Can anyone offer any advice or what my likely sentence would be ? Any conviction no matter what will lose me my job but the thought of prison is making me scared to death.
Sounds like a real bad situation to be in, the guy must have been seriously hurt, that's the only reason I can see for it to go this far. Or the CCTV makes it look like you ganged up on him. Not sure what advice I can give just remember when you're in court to be extremely obedient. You haven't been convicted yet, just hope you can get away with a caution.
Thanks for your input , I was told that the guy was taken to hospital but the discharged a few hours later with a head dressing . I don't believe there were any serious injuries other than a cut this head and the fact he may have been unconscious for a few seconds
Original post by Vworried123
Thanks for your input , I was told that the guy was taken to hospital but the discharged a few hours later with a head dressing . I don't believe there were any serious injuries other than a cut this head and the fact he may have been unconscious for a few seconds
Some people who know how to law works will manipulate it for their own means. I got into fisticuffs with someone who started on me and ended up getting away with a caution and a fine rather than a common assault conviction (thankfully). He basically went to the police and told them a made up story about how I attacked him unprovoked when really he got in my face and threatened to burn my family's house down.
Hopefully the guy has previous convictions and you'll get away with a caution and fine, but if you don't I'm really sorry for you. Not sure what else I can say. Life ain't fair.
(edited 7 years ago)
You were badly advised by the duty solicitor.
Defence of another is a defence in law, assuming proportionality.
You need to get yourself a solicitor as soon as possible, the duty at court will NOT do.
As you're on a student forum I assume you'll qualify for legal aid. The consequences of a conviction are severe and you're out of your depth - get professional advice ASAP.
Defence of another is a defence in law, assuming proportionality.
You need to get yourself a solicitor as soon as possible, the duty at court will NOT do.
As you're on a student forum I assume you'll qualify for legal aid. The consequences of a conviction are severe and you're out of your depth - get professional advice ASAP.
Original post by Ringstone
You were badly advised by the duty solicitor.
Defence of another is a defence in law, assuming proportionality.
You need to get yourself a solicitor as soon as possible, the duty at court will NOT do.
As you're on a student forum I assume you'll qualify for legal aid. The consequences of a conviction are severe and you're out of your depth - get professional advice ASAP.
Defence of another is a defence in law, assuming proportionality.
You need to get yourself a solicitor as soon as possible, the duty at court will NOT do.
As you're on a student forum I assume you'll qualify for legal aid. The consequences of a conviction are severe and you're out of your depth - get professional advice ASAP.
The duty solicitor stated the police didn't have enough to charge me and if I admitted my actions they would have charged me there and then . I think he thought it wasn't going to go much further based on the police not having a complainant and the cctv hopefully showing the events once they cane across it. Now they have charged me anywhere I realise this was a bad move as I should have my story across straight away being naive and never been at a police station before I followed the solicitor advise . One thing that is strange and that is giving me a shred if hope Is that my friends statement has been missing from the whole investigation. My friend has proof he has tried to give a statement but of course because this works in my favour the police have ignored it . The cps didn't know about the defence witness when they decided to charge. If this is raised can the trial either not go ahead or the charges reversed?
Get a proper solicitor.
This is serious and just because law students have a good grasp of the law does not mean you should rely on our advice.
You need a fully qualified, experienced solicitor.
Posted from TSR Mobile
This is serious and just because law students have a good grasp of the law does not mean you should rely on our advice.
You need a fully qualified, experienced solicitor.
Posted from TSR Mobile
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