Racially/ religiously aggravated common assault

 

Patrick was charged with assault by beating and racially/ religiously aggravated common assault.

 

Sentencing guidelines show that Patrick could have been potentially facing up to 2 years’ imprisonment under these charges, should he be found guilty.  He was adamant that he was not guilty and we believed him.

 

Patrick came to our offices for a meeting with solicitor, Steve Williams, to discuss the charges against him and put forward his side of the story.

 

Patrick was terrified at the prospect of being charged with religiously aggravated common assault and explained that he had got into an argument with his ex-partner regarding access to their young son.  He admitted that they’d been arguing, but strongly denied there being any racial or religious element to their argument and that any contact with his ex-partner was in self-defence as she’d been pushing and shoving him.

 

When someone looks to plead not guilty to a charge, many firms believe there is not much work that needs to be done prior to the first court hearing as you will only enter your not guilty plea and the Magistrates will adjourn the matter for a trial.  At Forrest Williams we never take this stance, we believe that being pro-active is always the best way forward.

 

Rather than sit back and wait for this hearing to pass without preparation, we decided to be pro-active and request prosecution papers to see what evidence of religiously aggravated common assault the CPS had against him.

 

Patrick was able to review the CPS paperwork and discuss this with Steve Williams prior to his court date. On the date of the hearing, Steve was there thirty minutes early ready to discuss Patrick’s case with him and reassure him that we would fight his corner no matter what it took.

 

Because of this determination Steve was able to liaise with the prosecution before even entering the court room, and by the time Patrick’s case was to be brought before the Magistrates, the CPS acknowledged we had too strong a defence to proceed and the case was dropped with no further action.

 

If you want to be represented by a firm who fights for your side of the story please call 01623 397200.

 

 

Tags: case studies, religiously aggravated common assault