Section 39 assult by beating battery?

Hi was wondering if anyone can help me any information would be apprieciated. I was out on a night out with friends I remember going into the club at 12am having a few drinks of which i am usually able to handle. Next thing I remember I am being arrested by the police at 7am apparently I spat at a doctor. I am disgusted if I did do this and am so ashamed because it is just not like me. I do not know why or how I ended up in hospital and do not remember anything of being there. I do feel that because i can not remember one thing I did within these 7 hours up until my arrest that my drink may have been spiked but i am not using this as an excuse. I have never been in trouble before or arrested for anything. I am due to appear in court and i was wondering if anyone knows what I may receive and if this will restrict me in finding a job.
Additional Details
That is why I am being taken to court although my first offence because of the policy they have with the doctors. The Sargent said that they have to show positive action which a caution is not classed as. Even though it is not something I wudnt usually do is it not best to pleaded guilty in case it goes2 trial and they do have cctv or evidence of me doing it then if i went not guilty I would be in even worse trouble.

Ian UK

The offence that you appear to have been charged with is common assault which falls under section 39 of the offences against the person act.

If this is your first offence then I would imagine that the penalty will be very minor, possibly a fine and community rehabilitation but this is down to the courts on the day really..

I would also suggest that you show some willingness to apologise personally to the victim. This will go in your favour.

As for if it will prevent you from getting a job, this would depend on how strict the employer is so its difficult to say.

xreignofterrorx

find a good defense lawyer and explain your situation and he may be able to get your charges dropped

Ben

You will most likely get a fine. The maximum sentence is, however, up to 6 months in jail and/or up to Â£2,000 fine.

Also, in your favour is the fact that the burden of proof is on the prosecution, so they may find it hard to find evidence, although with the increasing number of CCTV cameras, one may have caught the incident.

Ultimately, get yourself professional legal advice.

TaxPayer

If you were drunk and you are accused of committing a common assault and you have never been in trouble with the police you should never have been charged.
You should have been offered the opportunity to accept a caution.

I would seek the assistance of a Solicitor as it appears an abuse of process if the CPS have recommended a charge for such an incident just because it was in a hospital. Hospitals have a policy of always insisting on a charge but it is not their choice it is an police officer of at least Inspector's decision to make.

Sarah M

Section 39 is a common charge (if the cps can't find anything else to pin on you) its common assault it does carry upto 6months in jail but highly unlikely in your case... You do need to see a solicitor if you plead not guilty its likely they will reduce the charge (when your solicitor tells the prosecution about what your intended plea is they re-evaluate to see if its worth charging you and usually a bargain is reached) due to lack of evidence (depending on what they have) does he have any witnesses by chance?

You're probably looking at a fine but there will be a criminal record..

footballlad90

As its your first offence I guess it will go in your favour. Get a solicitor and explain everything to him/her they will take it from there.

Big One 0909

When you first appear, it is called arraignment. You will be read the charges and asked how you plea. If you arrived nice and early, someone from the public defenders office will probably talk to you first and tell you what the state is offering to get it over with TODAY. Unless you really think you did what they say, and do not want to keep coming back, NEVER take he initial offer. ALWAYS say Not Guilty the First time.

When you come back, they will give you an offer again. if it went DOWN then they are admitting that their case is Thin. In which case you fight. If it did not, you can now either accept the offer, or ask for another continuance to hire counsel, and then do so and fight. Never, but Never plead guilty or accept a plea that says you did something that you do not believe you did. Make them Prove it! A lot of times they won't bother. If they think they can't talk you into giving up, they will.

As far as getting a job goes, it depends on what kind of job. If you are going to run for President, and you are a republican, you can bet they will bring up every time you cheated in a "go fish" card game as a child. A lot of states say that propective employers cannot inquire of a misdemeanor record. Again, what kind of Job?Restaurant Mansager, no problem. Stock Broker, Probably no problem. Elemenary school Principal? Might be a problem, but time is a healer on this type of misdemeanor.

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