A Crime of Passion – or Just a Crime?
What would you do if you came home from work to find your partner naked and not alone?
What about if that person was your Fiancé and the man she was with appeared to be assaulting her?
Richard was engaged. Maybe not happily all the time – but every couple has ups and downs. And Richard and his fiancé were in one of those downs. They both worked shifts – he as a freight manager and she as a nurse – and usually it was ok as their shifts overlapped slightly so they at least saw each other but at that time they were on opposite shifts and had been for a few weeks and it was putting a strain on things.
Before he left for work that day he’d tried to make her happy; he’d cleaned the house, done the shopping and had cooked her dinner so when she got in she could just relax.
It didn’t work and they had a huge fight.
Richard had to go to work, even though he didn’t want to leave her, not like that.
He only managed a few hours when his boss sent him home – it was clear his mind wasn’t on the job and in a busy depot that was not safe.
Richard arrived home, parked his motorbike up outside the house and let himself in the front door, helmet in hand.
He saw Sarah on the sofa, virtually naked, with an unknown man appearing to hold her down, also in a state of undress.
Richard accepts that he pulled the unknown man off Sarah and that he went to punch him.
Richard forgot he still had his helmet in his hand.
It transpired that Sarah had been having an affair – making Richard’s actions a typical crime of passion.
Richard was arrested and, following investigation, the CPS charged him with two counts of Assault – 1 Assault and 1 Assault by Beating – apparently as he had pulled the guy off Sarah he had caught her and scratched her.
So not only was Richard devastated at the discovery that his fiancé was having an affair he was now homeless as could not be near Sarah due to his bail conditions, but he was also facing a prison sentence for assault.
Richard contacted Forrest Williams for help. He accepted that he had hit the guy but he was also alleging that he then kicked him repeatedly after throwing him to the floor – which considering Richard was wearing steel toe-capped work boots would have caused significant injury. He did not accept that he had intentionally hit Sarah as she was alleging – advising that any contact was accidental.
We supported Richard through his case and were thrilled to be able to advise him that the charge regarding Sarah were being dropped. We negotiated a plea deal with the prosecution regarding the assault on the gentleman – accepting that the Guilty plea would only be in respect of the strike to the face with no consideration given to the alleged kicks (which we disputed occurred). Richard received a fine and a suspended sentence – he was very relieved and anxious to start moving forward with his life – now he was allowed back in his own home.
If you are charged with a crime of passion offence then give Forrest Williams a call on 01623 397200. We promise to listen to you and to build a case plan which works for you.
