Facing a complaint for minor assault charges can be a stressful situation. In this article I will try to answer the most common questions and help you understand each of the steps to follow. If you are in this situation, continue reading: knowing your rights and options is the first step to obtaining a good defense.
What is a minor assault offense?
According to the Spanish Criminal Code, minor assault refers to injuries that, without causing serious harm, affect the physical integrity or mental health of another person. For example, a fight in which someone ends up with minor injuries, such as bruising or hematomas can result in a complaint for this type of offense.
The minor assault offense is covered in articles 147.2 and 3 of the Criminal Code.
Although it may seem to have lesser relevance, a conviction for minor assault entails:
- The payment of a fine.
- Criminal record.
- even the possibility of compensating the victim.
How does the procedure begin after a complaint for minor assault?
The process begins with the complaint, generally filed by the victim with the Police, Civil Guard or at the Court through their attorney.
Are you in a similar case and need an attorney?
How to act if you have been reported for minor assault?
Although in this type of case the intervention of an attorney is optional, it is always advisable to have the assistance of a defense attorney , who has experience in minor assault trials and can defend your rights adequately preventing a criminal record.
How to file a complaint for minor assault?
The complaint for minor assault can be made with the Police or Civil Guard, but it is always advisable to consult a criminal defense attorney who can provide you with advice and analyze your case in detail.
Sometimes, we think we have only been victims of a minor assault offense and we may also have been victims of coercion charges.
Therefore, an attorney can have a broader view and can help you draft the complaint without missing any detail and ensuring your rights are protected.
Is it possible to avoid a criminal record?
Yes, in many cases an agreement can be reached with the victim. This may include payment of compensation or a formal apology, which could lead them to withdraw the complaint. This type of agreement must be handled carefully and always
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.