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Need Legal Advice

faisalpandu

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#1
Hello. One of my mates got into a fight with some lads in a cricket game. The guy got beaten up by about 15 people. He was not badly hurt just a couple of blows to the head and scratches over his neck and arms. This was followed by death threats. He decided to take revenge by going to his house and having a fight. He exchanged blows with the person involved. They have rang the police and reported it. The police have not contacted him yet and it has been 24 hours. My mate has not been involved in any incident before. he has a clean record.

I wanted to ask when will the police contact him and if do they contact him what can they charge hime with. Will he be left off with a caution and will he have a criminal record
 

hackmax

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#2
If the other person has pressed charges, he will be charged with assault.

As for the criminal record of sorts, yes - he will get one but it depends on if he is given a caution or full sentance.

But:

- If you have been given a caution and you are asked if you have any criminal convictions you can say no.
- If you are asked whether you have a criminal record you have to say yes - unless it has been 5 years or more since you got the caution.
 

fizsparky

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#3
I'm not that certain mate, but according to what I know; if the other guy want to press charges, he will be charged on account of violence or something like that....
 
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#4
convictions stay with you for 10 years after they have been completed also, unless you have been given an absolute discharge. In this case you only need to tell people for 6 months.

Some convictions stay with you forever, but probably not for this.

Faisalpandu - you have asked this on another board as well havent you?

Your mate wont be able to do anything apart from please guilty. From what has been stated here, he took it upon himself to confront the attacker with a physical attack of his own. The police wont look favourably on this if they decide to press charges. However, thats an if.
 
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#5
I'm not that certain mate, but according to what I know; if the other guy want to press charges, he will be charged on account of violence or something like that....
If he is in Scotland, then he would be charged with assault, which is a common law offence.

In England and Wales, it can be ABH or Assault (unless the beating was severe, then it can be GBH, but there seems to be no indication of this). However, in England and Wales, I think these are criminal offences - which is worse.
 

faisalpandu

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#6
Not mentioned it on another forum karym. My mate wants to say this to the cops. He wants to say as that he recived threats he wanted to go the persons house to solve the problem amicably. When he went to he house he got thrown a punuch which resulted in a busted lip. (which he does have) this resulted in a scuffle and then decied that the problem wont be solved and left the huse. If he says this will the police take case out cosidering that he got attacked when having the cricket game.
 
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#7
not a chance.

If your mate goes to the police and says this they will come down hard on everyone.

What he needs to do is just tell the simple truth - with all the people that will have witnessed these events anything he says to try and make himself appear innocent will only come back on him.

The fact he was in a fight, then went to the guys house and got into another will only look bad. You may well say that he went there to discuss his attackers emotional state or feelings etc, but the police will see the same characters fighting in two different places.

The advice is, be up front and honest.
 

faisalpandu

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#9
how come the police have not contacted him yet, surely if the other guy was badly hurt the police would have been round straight away. it had already been a day and nothing yet.
 

hackmax

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#10
If this is the case then the police will simply arrest/charge everyone.

Each will give evidence against eachother and do the police's job for them. 2 Results!

Are you certian the other person has called the police? People who give death threats don't tend to also call on the police for protection. There is some BULLSHIT here somewhere. I would sit it out and see - if anything what happens.
 

faisalpandu

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#11
My mate know a guy who knows the person that was hurt and he said they have contacted the police. would it be better if my mate went straight to the police and told them waht happene rather than letting the ploice come to him.
 

digicol

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#12
Hackmax is correct. If he were to be arrested in conjunction with his confrontation at the guys house he would have been arrested before now.

I got done within 2 hours 2 years ago of doing someone over, but luckily he dropped the charges so I have no record. (But I did spend 10 hours in the cell for the first time in my life, they would not let me out until they got a hospital report even though in his interview in hospital he said he did not want to press, so I have no idea if the police could have pushed for a charge themselves if he was serieously hurt.)

Overall it seems unlikely that this other guy has contacted the police, especially if there was a massive confrontation in the first place, you say a massive brawl so there will have been witnesses so I assume this guy other guy was in the wrong for a gang attack yeah?

But, just say the police had been called then it would not look good for your mate, even if he says he just went round to talk to to him, it will still look like a revenge situation and this is a massive no go on any record, it will massively go against him whether he had good intentions or not.
 

faisalpandu

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#13
should my mate press charges agianist him for the brawl at he cricket ground. there were about 15 people that jumped i, he was hurt very badly in his neck and briuses and scratches are visible.

P.S what is the worst they could given him considering it is his frist offence.
 

hackmax

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#14
He will be looking at a caution to 6 months .. .depending on the severety of the assault.

I would suggest NOT mentioning to the police as I still believe it to be BS. Sit it out.
 
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#15
anything from a fine to a prison sentence, depending on his previous record age etc.

Essentially, if he is worried about the punishment now, he should never have acted in the way that he did. Its all a bit late now though really isnt it? He will have a few nervous weeks ahead of him, the police are overworked in most places in the UK, so they wont be round to see him that quick if they are going to see him at all.
 

DW190

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#16
The guy got beaten up by about 15 people. He was not badly hurt just a couple of blows to the head and scratches over his neck and arms.

should my mate press charges agianist him for the brawl at he cricket ground. there were about 15 people that jumped i, he was hurt very badly in his neck and briuses and scratches are visible.

P.S what is the worst they could given him considering it is his frist offence.

Was he or wasn't he? That is the question that you cannot answer with all honesty.

I you can't get it right now the chances in court under oath are that you may end up with the more serious charge of perjury.
 
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#17
so I refer back to my previous advice, be upfront and honest about what happened. The truth will out in the end.
 
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#18
Slackyboy, there have been two assaults - and only one has been reported to the police. Whilst your information is correct regarding the charging process advising someone to keep quiet over an offence like this is not a good idea.

The victim of the first assault actively sought out the attacker, no one is going to see this as anything other than this.