I was violently assaulted by a neighbour today, resulting in minor
cuts and abraisions to my head and arms. I have notified the police,
but am unsure wether to prosecute. The neighbour has a history of
violence and is likely to reply to any official complaints by further
assaults on myself or, god forbid, my partner. Not to mention any
damage to our house, car or even cat.
What kind of sentence would he be likely to face (there was a witness,
a woman watched from a window across the road, and will testify if
needed) and what would the crime be called? I do not want to prosecute
if he will be back in 3 months, more pissed off than ever. This took
place in broad daylight on a busy street. (west midlands, UK)

Hi gooser-ga,

I'm just adding my own comment here as I am not a Google researcher.
However, given the severity and harshnss of your neighbour's assault
on you, I'm unclear of why you are hesitating to prosecute. You could
always file for a Trespass Order so that your neighbour is not allowed
on your property or near your partner or vehicles.
I'm unsure of the laws in the UK but I believe Trespass Orders and or/
Restraining Orders are reconized pretty much world-wide.
What was the original reason for this assault? Is there a long
standing "feud" or misunderstanding between the two of you? Does your
neighbour have a history of violence or psychiatric problems?
I'm sure if you clarified your question with some further information,
it would be easier for a researcher to answer your question.

Best of luck,

steph53-ga

Thanks for your comment steph, I live on a terraced street, there is
no land between the houses (accept for a private drive between his
house and our immediate neighbour)and this individual is only 2 doors
away. So it is difficult to always simply avoid crossing paths. The
only time that we had spoken before was when I found him servicing a
car (he appears to be a mechanic) on our driveway(shared access to
garages of mine and 2 other neighbours). I asked him to move but he
threatened me verbally and told me to leave. I left him alone and
simply had a lock fitted to the driveway to prevent him from using it
again. Obviously he was using our drive as his workplace (with none of
the landowners consent) during the day whilst we were at work. It
seems he decided that it was unreasonable of me to secure my own
property!
The assault took place as I was locking the gate after returning from
some shopping. He was getting into his own car with his wife and 2
children when he saw me, and immediately set about me.
My concern over prosecuting, is simply that if he is merely given a
light fine or short sentence, he will make our lives hell when he
comes back. It is not uncomon for certain people to take revenge by
putting windows through or pouring paint stripper on cars etc.
Unfortunately, unless they are caught in the act, there is nothing the
police can do, even if it is very obvious who the culprit is.
I would like to prosecute, but only if he is likely to serve at least
6 months to a year. Then we would move house (we were looking to move
soon anyway) and have the satisfaction of seeing him getting his due
without worrying about any reprisals.
"Unfortunately", my physical injuries are minor and I am unsure as to
how severe a charge could be brought against him.
Thanks for the luck.

Dear gooser-ga

I am sorry to hear of your problem. I hope I can give you some
assistance in making your decision. I am posting it as a comment as I
cannot answer it completely. I can only provide information on the
maximum sentence for the offence.

May I remind you that Google Answers should not replace any expert
legal advice which you should seek.

You have suffered an assault which in law can be described as either a
‘Common Assault’ or ‘Actual Bodily Harm’. It depends on the injuries
you received. Common assault is normally a punch or slap which left no
visible signs of injury, or caused minor bruising, redness to the skin
or a minor abrasion. Actual bodily harm is more substantial injury.
The most serious assault is Grievous Bodily Harm.
You have not mentioned if the assault was racially motivated so I am
not taking this into consideration.

These are the guidelines from a Home Office site on crime reduction on
the points to be proved in these two types of assault.

Actual Bodily Harm - S47 Offences Against the Person Act 1861

Points to prove: 
An assault occurred
It occasioned actual bodily harm (includes shock & psychological harm)

Penalty - On indictment, 5 years
Power of arrest -Arrestable offence


Common Assault - S39 Criminal Justice Act 1988
Points to prove:
It was unlawful 
An act assault/beating occurred to another person
 
Penalty - Summary, six months
Power of arrest - No specific power
 
Source
http://www.crimereduction.gov.uk/toolkits/rh020503.htm

So you can see from this, the maximum is 7 years for Actual Bodily
Harm and 6 months for Common Assault. In addition, Section 39 of the
Criminal Justice Act 1988 which covers Common Assaults states that a
fine not exceeding level 5 on the standard scale may be imposed. This
means a maximum fine of £5000.

Criminal Justice Act 1988
http://www.hmso.gov.uk/acts/acts1988/Ukpga_19880033_en_1.htm

Scale of fines:
http://www.southhams.gov.uk/Legal/Byelaws/Scale_of_Fines.htm

Since the introduction of the Crown Prosecution Service in the UK it
has been a trend of the CPS to reduce many charges of Actual Bodily
Harm to Common Assault. The aim is to reduce the number of people
electing trial by jury. Common assault can only be dealt with at the
Magistrates’ Court.

“Crown Prosecuting Charging Standards 
ABH includes minor cuts and bruises, although the Charging Standards
agreed between the police and the CPS do not endorse the bringing of
s. 47 charges in the absence of more serious injuries, such as broken
teeth, extensive bruising or cuts etc., which require medical
treatment.”
http://sixthform.info/law/01_modules/mod3/12_1crime_introduction/12_1_4non_fatal/12_1_2actus_and_mens_assaults.htm


From the information you have given me I believe that a charge of
Common Assualt may well be the option selected by the CPS. Much
depends on the attitude of the police when they investigate the crime.
I would seek their opinions on the matter as to the likely charge.
They do not possess power of arrest for Common Assault after the
offence has occurred so they may refer you to a solicitor to pursue
your own civil action or send a report to the CPS to obtain an arrest
warrant. It all depends on the injuries.

You may wish to read the CPS guidelines on their decision making
processes:

CPS decision to prosecute
http://www.cps.gov.uk/Home/VictimsAndWitnesses/ProsecutionDecisions.htm
Evidential Test
http://www.cps.gov.uk/Home/CodeForCrownProsecutors/TheEvidentialTest.htm
Public Interest Test
http://www.cps.gov.uk/Home/CodeForCrownProsecutors/ThePublicInterestTest.htm

You will see from these it is important that your independent witness
makes a statement to the police.

If your neighbour is charged by the police, bail conditions can be
imposed that they must talk to you or come near your home. These
conditions however, only last until the end of the trial. The trial
date can be anywhere between three weeks and three months depending on
many factors such as likely plea, witness availability and the court
timetable.

As to sentencing I cannot give much guidance here. The maximum
sentences are stated above but sentencing depends on many factors.
These include the nature of the offence, previous convictions of the
convicted person, and mitigating circumstances.

You may wish to contact your local Victim Support Scheme for advice
http://natiasso03.uuhost.uk.uu.net/about.htm
Or speak to a solicitor or your local Citizens Advice Bureau
concerning any civil remedy.

If the problems continue you may wish to read this legislation.
Protection from Harassment Act 1997
http://www.legislation.hmso.gov.uk/acts/acts1997/1997040.htm

Finally, you mention that you intend to move. If you are a owner /
occupier of your house can I remind you that will have to declare to
the purchasers any problems you have with neighbours, especially if a
court case is underway.

I hope this has been of assistance to you. Good luck.

answerfinder-ga

Thank you Answerfinder, that information is very usefull.
After consulting with the police, it appears that my attacker has no
previous form for assault and even if arrested for ABH which is what
they say they would charge him with, he is almost guaranteed to be let
off with a caution.
Under their advice, we have decided to make an informal complaint of
the attack. This is noted on his record but not as a crimanl offence.
If we have any further aggravation then we will take out a harrassment
order against him. The police took casual statements from the 2
indepenent eye-witnesses, which clearly back up my story. If he was
then to go on and break the harrassment order, apparently this
previous offence, although unofficial, could be counted against him.
Hopefully, he will calm down and stay out of our way, negating the
need for any further action.
Once again, thank you for your help.
Richard