court help: I am in court later this month for section 39 Common Assault on my husband. - Help.com



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I am in court later this month for section 39 Common Assault on my husband.

He threw me to the ground and kicked me - and I used a knife to threaten him. He is twice my size and nearly 6 foot tall. I am 5 foot and weigh just 7 stone. He quickly grabbed the knife of me and threw it to the other side of the room. I know he cut his small finger whilst grabbing the bread knife at the sharp edge.
I did not batter or beat him, he just threw my hands off him everytime i tried to hit him back, but i was arrested and thrown in a cell as it is me that had the knife.

What can I expect to happen to me at court? Will i go to prison? I have no previous convictions. But I am terrified. He claims he fears for his life and I have not been allowed back into the martimonial home. I have had to move into my parents house with my clothes in dustbin bags. just for trying to stand up to the fat bully.

This open post was written 1 month, 2 weeks ago | V/U/S: 106, 14, 6 | Edit Post | Leave a reply | Report Post


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***OaTs So SiMpLe*** offline Verified User (9 months, 1 week) Long Term User Shouts: 2 #
An Unknown Location | 1 month, 2 weeks ago (3 minutes after post)

it sounds like you may have a strong case for selfdefence when they ask you question speak clearly and calmly explain everything that happend he may try to twist what has happend but stick to the facts

hope it gose well

**OaTs**

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life in the fab lane offline Verified User (2 months, 2 weeks) Shouts: 0 #
An Unknown Location | 1 month, 2 weeks ago (7 minutes after post)

I was advised by the duty solicitor that I should give NO COMMENT at the police interview. He said there was no case for self defence as I had to get up and go and find a knife. I should have left the house and called the police. That was the only way I could get bail until the court hearing. I have a decent job and normal life - I made a mistake and I dont want it to ruin my life. I have no idea whether to plea guilty or not guilty.

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Anonymous #
1 month, 2 weeks ago (9 minutes after post)

plea guilty its the only way you may only get a few months

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life in the fab lane offline Verified User (2 months, 2 weeks) Shouts: 0 #
An Unknown Location | 1 month, 2 weeks ago (10 minutes after post)

Seriously - I could go to prison???

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***OaTs So SiMpLe*** offline Verified User (9 months, 1 week) Long Term User Shouts: 2 #
An Unknown Location | 1 month, 2 weeks ago (12 minutes after post)

yes its a possibilty have yu spoken to your boss about the situation

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life in the fab lane offline Verified User (2 months, 2 weeks) Shouts: 0 #
An Unknown Location | 1 month, 2 weeks ago (16 minutes after post)

Yes, workplace said they were right behind me and would give good references if I needed them for the court date, Would this help?

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Bobbbb offline Unverified User #
An Unknown Location | 1 month, 2 weeks ago (18 minutes after post)

Yeah!!! good job u don’t deserve jail time! that “man” of a husband got what he deserved i would have done the same thing

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Je ne sais pa offline Verified User (2 years) Long Term User Shouts: 209 #
An Undisclosed Location | 1 month, 2 weeks ago (22 minutes after post)

I’m not much into law and seperate countries differ from the laws. but what u mentioned about the knife is true and they will hold that seriously against you. but did u go get the knife or was it already in the room wen ur husband tried to assualt you?

What anon says is true you get less months than u would if they truly went after you.but to me that isnt the way to go cause i for sure would fight this but that is me.i hope u make the right decision

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Je ne sais pa invited 9 users to read this post 1 month, 2 weeks ago.

life in the fab lane offline Verified User (2 months, 2 weeks) Shouts: 0 #
An Unknown Location | 1 month, 2 weeks ago (24 minutes after post)

I think i shouldn’t take this lying down - you’re right xx Better check the bank account and hire a solicitor then.

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moneyhunqryy9 offline Unverified User #
An Unknown Location | 1 month, 2 weeks ago (38 minutes after post)

Your not going to go to prison, it’s considered as self defense. But definetly leave him, hes no good.

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courtybubble offline Verified User (2 years, 6 months) Long Term User Shouts: 176 #
An Undisclosed Location | 1 month, 2 weeks ago (19 hours, 23 minutes after post)

You need to get yourself a new lawyer, thats the worst advice ive ever heard.
go back to the police, and make your statement. inform them that your lawyer advised you against it, but you realise that was crap advice, and you want to say your side of the story.
it should be obvious to any court what has happened, but you NEED a lawyer or you could get time due to technicalities that you dont know about.

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life in the fab lane offline Verified User (2 months, 2 weeks) Shouts: 0 #
An Unknown Location | 1 month, 2 weeks ago (1 day after post)

Thanks for the advice. I now have a new lawyer - but she says she doesnt need to see me until the court date - I am now assuming the court date is to enter a plea only?? I cant information out of these people and I really dont know what is going to happen to me…. I’m terrified.

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courtybubble offline Verified User (2 years, 6 months) Long Term User Shouts: 176 #
An Undisclosed Location | 1 month, 2 weeks ago (1 day, 15 hours after post)

the squeakiest wheel gets fixed first!
ring, ring, and ring some more. lawyers are notoriously hard to deal with, so you must be forceful, and make sure they are doing exactly what you need and want them to do.

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