Sentence for assaulting a police officer

4th Jun 2018

My 19 year old daughter was very drunk and aggressive and possibly had been smoking cannabis. I ended up calling the police to our home to help deal with her. She was verbally rude to them and when she refused to talk to them they tried to take her ipad from her and she punched one of them in the side of the face. They were sitting side by side on her bed at the time. She was arrested (fairly aggressively and she is covered in bruises on her arms and legs) and charged with assault. At the police station she pleaded guilty and refused a solicitor. She now has to go to court and says she isn't going to have a solicitor. I am worried as she doesn't work or claim benefits so has no income at all. Can she still apply for legal aid and what will happen with regard to sentencing? Will she end up with a custodial sentence if she can't pay the fine (I would pay it if necessary). This is her first time of being in trouble.

CATEGORY: Criminal


1 answer
  • Vhs Fletchers

    She will be entitled to apply for legal aid and she will pass the means test due to lack of income, but the solicitor you instruct will know the wording to use to satisfy the Legal Aid Agency due to her circumstances.  This doesn't appear to be an assault that would fall into the most serious sentencing band, but it may be that she could receive a community order.  Her age and lack of convictions and admissions in interview that demonstrate remorse may well mean there could be an argument for a fine.  She ought to see a solicitor, or at the very least ask for the duty solicitor at court to check that it is appropriate for her to plead guilty and if so put mitigation on her behalf.

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