The assault offenses in domestic violence have a special category within the Criminal Code, with specific legal implications. These cases receive differentiated treatment due to their relationship with the Domestic Violence Act and involve greater severity when the perpetrator and victim maintain a family or romantic relationship. This article explains the characteristics of these crimes, the penalties they carry, and how a criminal defense attorney can help you.
What are assault offenses in the domestic sphere?
The assault offenses in the domestic sphere are those that occur between people who maintain a relationship of cohabitation or family ties, such as partners, ex-partners, parents and children. It is regulated in article 153 of the Criminal Code which aggravates when they occur within the domestic environment, due to the special vulnerability of the victim and the emotional proximity between the parties.
These crimes include any action that causes physical or psychological harm and requires medical treatment. Additionally, in the family sphere, the law considers as aggravating factors the use of violence due to the victim’s vulnerability and the psychological impact of the assault.
A person who physically assaults their partner or child and causes an injury that needs medical attention could face an assault charge in the domestic sphere, with a more severe penalty than the same injury in another co
Are you facing a similar case and need a personal injury attorney?
Legal consequences of assault offenses in the domestic and gender-based violence sphere
The consequences of an assault offense in the domestic sphere can be severe and go beyond prison sentences. These include:
- Imprisonment: in cases of gender-based violence, the penalty for assault can reach up to 5 years in prison, while for domestic violence it would reach up to 3 years. In case of serious injuries, both crimes can carry penalties of up to 12 years in prison.
- Restraining order and communication prohibition: In addition to the prison sentence, the judge can impose protective measures to prevent the perpetrator from approaching the victim. If convicted, both will have a restraining order.
- Compensation: In many cases, the convicted person must pay financial compensation to the victim for the physical and psychological damage suffered.
- Suspension of parental authority or custody: In cases of violence against children or partners with children, the court can limit the perpetrator’s contact with the children.
- Criminal record: A conviction for this type of crime generates a criminal record, which can affect the convicted person’s professional and social life.
These consequences can have a lasting impact on the accused’s life, which is why having a specialized criminal defense attorney is essential to protect your rights and seek the best options within the judicial process.
What to do if you have been reported for an assault offense and ma
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.