Offence against persons
Assault and bodily harm defence lawyer
The classification of an injury does not depend on its clinical severity in the abstract, but on whether it required medical or surgical treatment beyond first aid, and on whether aggravating factors such as the use of weapons or dangerous objects are present. The forensic medical report is, in practice, the piece of evidence that decides the case.
The preparatory work differs for the victim and for the suspect: for the suspect, the focus is on challenging the mechanism of injury and causation; for the injured party, on properly documenting the after-effects and their impact, which is what determines the civil liability awarded.
The difference between one classification and another isn't just legal: it decides whether there's a criminal record, whether there's a custodial sentence, and how much compensation the injured party receives.
Scope of work
- Defence of the suspect from the complaint or the arrest onwards
- Private prosecution and civil compensation claims for after-effects
- Cross-examining the forensic medical report against a defence expert's opinion
- Negotiating a plea agreement where it suits the client's position
When to call
- You have been reported or summoned as a suspect over an assault causing bodily harm
- You have suffered an injury and need it properly documented from the very first medical report
- You have been offered a plea agreement and want to assess whether to accept it
Frequently asked questions
When is an injury a criminal offence rather than a minor infraction?
Since the 2015 reform, minor infractions (faltas) no longer exist: an assault that does not require medical or surgical treatment beyond first aid may amount to a minor offence of bodily harm (article 147.2 of the Criminal Code) or, depending on the case, fall outside criminal proceedings altogether. The exact boundary depends on the forensic medical report, not on the parties' initial impression.
What is civil liability arising from the offence?
It is the compensation for the days needed to recover, any after-effects and, where applicable, non-material damage, which is awarded together with the sentence if there is a conviction. It is claimed within the criminal proceedings themselves, unless the injured party reserves the right to pursue it separately through the civil courts.
Is it worth agreeing to a plea deal?
It depends on the strength of the evidence and on what is offered in exchange. A well-negotiated plea agreement can avoid a trial with an uncertain outcome, but it only makes sense once the entire case file is known, not before.