Criminal defense attorney for assault charges
The Criminal Code considers assault any action that causes harm or impairment to the body or mental health of another person and differentiates between types of assault charges according to their severity.
For those facing assault charges, it is very important that they understand the different types. In this article, we explain in a brief and simple manner the types of assault crimes —minor assault, aggravated assault, and assault with aggravating factors— along with the penalties each one carries under the Criminal Code.
What is the crime of assault?
Article 147 of the Criminal Code establishes that the crime of assault consists of impairing the physical or mental integrity of another person. Assault ranges from minor injuries, such as bruises or contusions, to permanent physical damage.
What is a minor assault charge
Minor assault refers to injuries that only require initial medical attention. When we speak of minor assault charges we refer to blows or superficial wounds that do not pose a risk to the victim’s life nor cause permanent sequelae.
They are prosecuted through the misdemeanor trial procedure and the penalty for a
Have you been accused of physical assault?
Do you need an attorney specializing in assault charges?
Aggravating factors in assault charges
There are aggravating circumstances that increase the prison sentence for an assault charge. These circumstances are provided for in Article 148 of the Criminal Code and apply when the assault occurs in a context that increases the harm or risk to the victim. Among them are:
- Use of weapons or dangerous instruments.
- Premeditation or cruelty: If the act is performed in a manner that prevents the victim from defending themselves or if the victim’s pain was deliberately increased.
- Domestic violence or gender-based violence: In these cases, the penalty may increase considerably due to the context of gender-based violence.
The penalty for assault with aggravating factors could reach up to 5 years in prison
How can an attorney specializing in assault charges help you?
If you have been charged with assault, having an attorney specialized in assault cases can make a significant difference in the outcome of your case. An assault defense attorney will be able to analyze emergency medical reports and the forensic medical report to determine if the injuries correspond to the accusation. Understanding the different types of assault charges allows for minimizing their consequences.
Thanks to their expertise in the field, a
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.