Assault and Battery Attorney in Madrid
Criminal defense attorney specializing in assault and battery cases. Defense of victims and defendants.
Criminal defense attorney in Madrid specializing in assault and battery offenses
Have you been the victim of an assault and battery offense? If you have been the victim of a physical assault, I perfectly understand how you feel. During my first year of law school, I suffered an assault outside a nightclub that required surgical intervention. That experience shaped my understanding of criminal defense and my commitment to each client.
As an assault attorney in Madrid, I offer legal assistance to both victims and individuals accused of assault and battery offenses. Each case requires a different approach, but in both it is essential to have an assault and battery specialist attorney who thoroughly knows the criminal law and the practice of Madrid courts.
What to do if you have been charged?
If you have been charged with an assault and battery offense, I know it can be an overwhelming experience. Sometimes, life can take unexpected turns, and an impulsive decision can lead to a legal problem. No one is exempt from making a mistake; we are human and everyone, at some point, can make errors.
What’s important now is not to look back with guilt, but to move forward with determination. I am here to listen to you, without judging you, and to defend your rights with the professionalism and empathy you deserve. No one should face a criminal proceeding alone. Allow me to be the support you need to face this difficult moment and find a fair solution. Therefore, do not hesitate to contact us: we are attorneys experienced in assault and battery offenses and we can help you understand each step of the process.
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What is the assault and battery offense?
The assault and battery offense is regulated in articles 147 and following of the Criminal Code. It consists of any action that causes harm to the physical or psychological integrity of another person. The severity of the injury and the means employed determine the criminal classification and, consequently, the applicable penalty. As an assault and battery attorney in Madrid, I analyze each case to determine the correct legal classification and design the most appropriate strategy.
Minor injuries (art. 147.2 and 147.3 CP)
Minor injuries are those that do not require medical or surgical treatment beyond initial care. They are punishable by a fine of 1 to 3 months. This category includes blows and physical mistreatment that do not cause injury (art. 147.3), as well as injuries of lesser severity that only require initial medical attention.
Serious Bodily Injuries (art. 147.1 CP)
The basic type of assault offense requires that the victim has needed, in addition to initial medical assistance, continued medical or surgical treatment. The penalty is imprisonment from 6 months to 3 years.
Jurisprudence has established that the following is considered medical treatment:
- Bone fractures requiring immobilization, reduction or surgical intervention.
- Wounds requiring sutures or closure stitches.
- Injuries requiring subsequent functional rehabilitation.
- Continued pharmacological treatment beyond simple pain relievers.
Very Serious Injuries (art. 149 and 150 CP)
Very serious injuries involve the loss or incapacitation of a principal organ or limb, of a sense, impotence, sterility, severe deformity or severe somatic or psychological illness. They are punishable with prison sentences of 6 to 12 years.
Article 150 covers injuries that cause the loss or incapacitation of a non-principal organ or limb, or deformity, with penalties of 3 to 6 years imprisonment. The classification depends on the medical-forensic report, which is decisive in these proceedings.
Negligent Injuries (Art. 152 CP):
Injuries caused by gross negligence are punished with prison sentences or fines, depending on the severity of the result. They frequently occur in the context of road traffic, sports activities and professional practice.
Aggravating Circumstances
Article 148 of the Criminal Code contemplates aggravating circumstances that increase penalties:
- Use of weapons, dangerous instruments or blunt objects.
- Premeditation or treachery.
- Cruelty, unnecessarily increasing the victim’s suffering.
- If the crime is committed in the context of gender-based or domestic violence.
Judicial process in assault and battery cases
The criminal procedure for assault and battery offenses follows several phases that an assault and battery attorney in Madrid must manage rigorously from the first moment:
- Police report and investigation: collection of the victim’s statement, witnesses and, if applicable, the aggressor. It is essential that the victim go to a medical center to obtain the injury report.
- Investigation phase: the Investigating Court investigates the facts, requests medical-forensic reports and conducts the necessary proceedings.
- Medical-forensic report: determines the nature of the injuries, required treatment, days of healing and possible sequelae. This report is the central evidence of the proceeding.
- Trial: presentation of evidence, statements and closing arguments before the judge.
- Judgment and compensation: if the offense is proven, the judgment establishes the penalty and civil liability, which includes compensation for the injuries suffered, days of healing and sequelae.
Whether you are a victim or accused, having an assault attorney in Madrid from the initial phase is crucial. If the offense occurs in the context of a relationship, also consult our page on injuries from domestic violence or gender-based violence.
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Articles about assault and battery offenses, assaults and criminal liability in Madrid.
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