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Criminal Defence Blog

Conditional Discharge for Common Assault

Posted on: March 9th, 2015 by steve

Conditional Discharge For Common Assault

 

Forrest Williams were delighted to secure a conditional discharge for a client charged with common assault recently.

 

Mr Andrews instructed us following an alleged incidence of domestic violence involving his ex-partner. The allegations against Mr Andrews were serious and involved threatening and potentially harming his ex-partner with a knife.

 

Mr Andrews was a man of good character who did not accept his ex-partner’s version of events.

 

He was made aware that the sentencing guidelines for common assault did include a custodial risk, and the use or threatened use of a weapon would immediately make the matter an aggravated attack, which they would sentence more harshly.

 

Mr Andrews was represented by a very skilled female barrister who was carefully selected due to the sensitive nature of the case. If you are faced with a charge following an alleged domestic violence incident, the correct representative in court is absolutely vital.

 

In Court, Mr Andrews’ ex-partner gave inconsistent evidence when being cross-examined by our barrister, while Mr Andrews’ evidence was consistent and credible.

 

The Court ruled that they did not believe the extent of the ex-partner’s allegations, and as such limited sentencing to comprise a conditional discharge. This means that whilst Mr Andrews was convicted of the offence, no sentence was passed against him.

 

You can read more about conditional discharges here.

 

It was an excellent result for Mr Andrews, who was delighted and incredibly grateful for all of the support that Forrest Williams gave him throughout the case.

 

We were touched to receive a thank you card and chocolates from Mr Andrews at the end of his case, and will keep in touch with him in the future.

 

If you’re like a legal team who really care, to fight for you in court, contact us now on 01623 600645.

 

What Is A Conditional Discharge?

Posted on: March 6th, 2015 by steve

 

 

What Is A Conditional Discharge?

 

A conditional discharge is a penalty that can be imposed where the court feel that given the character of the offender and the nature of the offence, it is not appropriate to impose a punishment.

 

There are two types of discharges – absolute discharge and conditional discharge.

 

An absolute discharge means that no further action is taken, although the offender is convicted of the offence and receives a criminal record. Absolute discharges are used by the court in very minor cases or where it is felt that the offender has received adequate deterrent without punishment being imposed.

 

A conditional discharge means that the offender is released, with the offence placed on their criminal record, but gives the court the power to review sentencing for the offence if the offender commits any further offence within a time period set by the court. The maximum time period for this is three years.

 

If the offender does commit a further offence within that time period, they may be recalled and resentenced for the original matter as well as the new matter.

 

Discharges do not prevent the court from ordering that the offender should pay compensation to a victim or contribute to the prosecution’s costs. A person can also receive a discharge and still be disqualified from driving by the court.

 

In cases where a person has pleaded not guilty, the court can find guilt and impose an absolute or conditional discharge. This is worth mentioning as many people fear that the court must be more severe with sentencing if a person is found guilty after trial.

 

Forrest Williams recently secured a conditional discharge for a client charged with common assault.

 

If you have been charged with a criminal offence, contact our expert team now for a free telephone consultation on 01623 397200.

 

 

 

You Are Not Your Offence

Posted on: March 6th, 2015 by steve

 

As a firm of Criminal Defence Solicitors we understand that your case is scary; that, for you, it’s putting your life on hold. We know that for a lot of people this will be their first contact with the law. We know that you will have gone online and either convinced yourself that you’ve found a loophole or that you’re going to prison! (even if your offence isn’t one which, given your circumstances would suggest that custody is an option)

 

This is not something you should have to worry about – we understand that the law can seem to be a minefield of latin phrases, doctrines, precedents and complex technical loopholes – that for most people are simply not understandable.   

 

We promise to talk to you openly and honestly. We know that you don’t want legal and technical jargon spouted at you – you want someone to listen to you and tell you what is going to happen next. We promise that we will not give you false hope or convince you to pursue a defence that is not going to succeed.

 

If you are charged with a criminal offence you dispute, give our team a call on 01623 397200, we will listen to your side of the story and if appropriate, agree an action plan going forward. We will make use of our network of experts if we believe they can help with your case.

 

We will put you first because we know that you are not your offence.