What are the legal consequences of assault?
November 20, 2023 | 50,00 EUR | answered by Lina Strauss
Dear lawyer,
My name is Simon Weber and I have an urgent question regarding a situation I recently experienced. A few days ago, there was a confrontation at the bar where I work. A drunk guest became aggressive and hit me without warning, which led to a physical altercation. In the heat of the moment, I accidentally injured him. Now I am worried about the legal consequences I may have to face.
The situation was very heated and I may have overreacted, but I did not act intentionally. I am now concerned that I could be charged with assault and what penalties I could face. I have heard that assault is a serious offense and can result in a prison sentence. I am worried about my future career and would like to find out if there are ways to resolve this situation without facing a possible prosecution.
Therefore, I am seeking your advice and information on the legal consequences of assault. What are my rights in this situation and how can I best defend myself? Are there ways to reach an out-of-court settlement and avoid a criminal charge? I am very concerned and hope for your professional support in this matter.
Thank you in advance for your help.
Sincerely,
Simon Weber
Dear Mr. Weber,
Thank you for your message and for trusting in my legal advice as a criminal defense attorney. I am sorry to hear that you have found yourself in such an unfortunate situation. It is understandable that you are concerned about the legal consequences that may arise from this incident.
Regarding the assault that took place during the altercation at the bar, it is important to understand that assault is a criminal offense under § 223 of the Criminal Code. There are different types of assault, ranging from simple to aggravated assault, depending on the severity of the injury. In your case, if it was an accidental injury in the heat of the moment, it could be considered as negligent assault.
Negligent assault is a criminal offense that can be punished with a fine or imprisonment of up to three years. However, it is important to emphasize that in your case, there was no intention to harm the guest. This could have a positive impact on your defense.
In terms of your rights in this situation, you have the right to a fair trial and to adequate defense. It is advisable to promptly seek the assistance of an experienced criminal defense attorney who can support you in this case. Your attorney will review all relevant facts, develop your defense strategy, and explore possible options for an out-of-court settlement.
It is possible that an out-of-court settlement, such as compensation to the victim or an apology, could result in no criminal charges being filed. Your attorney will help you find the best solution for your situation.
In conclusion, I encourage you to remain calm and seek professional support. With the right advice and defense, you may be able to minimize the negative consequences of this situation.
I am available for any further questions and support.
Sincerely,
Lina Strauss, LL.M. (Criminal Law)
