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worried about custodial sentence

J

juniorcat

Bluelighter
Joined
Jun 14, 2011
Messages
147
I live in the UK. I've been arrested twice while i was under 18 and still classed as ayouth. One time for a very minor assault for which i got a final warning and then for assault and theft for which i got six months youth offending team. i'm now 18 and am likely to be charged with assault by beating while i was really drunk. the person d was barely hurt and doesnt want to press charges but there were other witnesses.

So I was wondering if anyone from the uk knows whats likely to happen to me. could i go to jail? i'm pretty worried
 
If the assaulted doesn't want to press charges, I don't know if charges will be made against you.
We're not lawyers.
I can recommend you stay out of situations like this, though.
 
MONSTA!! said:
Lets hope you do, perhaps you might learn a lesson.
Click to expand...

This is not constructive, nor appropriate for TDS. You don't know the situation, and it's a bit rich of you to come on here and pass judgement. Spare us.

Anyway juniorcat - we won't be able to advise you on this one unfortunately. If you feel like talking about the issues behind all this though, TDS is here for that very purpose. Make sure you speak with a lawyer, and perhaps consider seeking some counselling or anger management classes. Not only does this have the potential to help with the violence issues, but it will also look good when you come before a judge.

No matter what happens, it is never too late to get yourself together and move forward. Good luck, and hope all works out.
 
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Let's not blow this out of proportion. Assuming nothing else comes of it, it was simply a violent gesture whilst drunk imo. Does the alcohol excuse the behaviour? No. Does it contribute to it? Yes.
You chose to drink, you choose not to take any other means of self control/restraint, you put yourself in the situation and you drank the alcohol.
It's a matter of choices, and you could have made better ones OP, as could you have Monsta.
 
I'm coming down from m d that I had that night. My girlfriend and the only person in my life is ignoring me. I may be going to jail. I need a drink but aint got no cash and shouldnt drink anyway considering. Everythings fucked .
 
Hey, everybody, I am going to leave monsta's comment in here simply because the discussion from fellow BLers in response to it may do more to illustrate why it is not appropriate than if I simply went in and edited it out. DeathDomokun has expressed perfectly everything that needs saying.

I hope for your sake, OP, that you do not go to jail. Jail does nothing to help with what you are really dealing with---consuming drugs to the point that you are not in control of your own actions and possibly problems managing your anger even when sober. Making mistakes is part of life. It is how you choose to learn from them that counts. We live in societies that choose to shame and punish people rather than trying to foster responsibility and health. There is not much we can do to change that in the short term but we can always change ourselves. Try to take this fear that you have right now of going to jail and turn it into an opportunity to learn how to be safer, how to avoid putting yourself in this position again. <3
 
Pretty sure if the victim wishes not to lay charges, you shouldn't go to jail.
Im not sure though.
Good luck anyway man. You still have a lot of years left, it's not the end of the world now.
Eventually this will all be in the past and you can go on with your life.
You're at a tender age where bad decisions can start becoming a regular habit.
As you get older the crimes will only get more serious and you will spend more and more time in front of judges and metal bars - if you let it happen.
All the best!
 
juniorcat said:
I live in the UK. I've been arrested twice while i was under 18 and still classed as ayouth. One time for a very minor assault for which i got a final warning and then for assault and theft for which i got six months youth offending team. i'm now 18 and am likely to be charged with assault by beating while i was really drunk. the person d was barely hurt and doesnt want to press charges but there were other witnesses.

So I was wondering if anyone from the uk knows whats likely to happen to me. could i go to jail? i'm pretty worried
Click to expand...

OK I studied law at BPP and my ex-fiancee is a criminal barrister but please don't take the following as gospel (you can get free legal advice from Citizen's advice bureau for instance). Now the law in the UK was changed (for the better in my opinion) so that in DOMESTIC assault cases the victim doesn't need to press charges for a case to proceed. I hope most of you can see why this was a good move. Technically the crime (assault) is against the state so the CPS can proceed even in what is basically a variation of common assault (I know it sounds scary 'assault by beating' but its nothing compared to ABH or GBH) without the victim pressing charges. The CPS would I think be unwilling to do this but unfortunately you have a big problem with the witnesses. I think (and I stress think) the max sentence is six months for this charge but you'd be really unlucky if you got more than a fine and community service. And while I certainly don't hope you go to jail (you're only a kid ffs) maybe think what would have happened if the person had been really hurt. Just so you know that if you had punched this person in the head and they had a preexisting medical condition and died, the thin skull rule means you could be charged with murder (although without the mens rea of intent more likely manslaughter).
So basically I doubt you'll get a custodial but be careful man. You don't want to fuck up your life at 18
 
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