What penalties do I face if convicted of assault?
April 30, 2023 | 30,00 EUR | answered by Lukas Schlüter
Dear Sir/Madam Lawyer,
I hope you can help me with my concerns. My name is Hilde Weber and I am currently under suspicion of assault. I got into a confrontation which escalated into a physical altercation. Now I am afraid of the possible consequences and penalties that could await me in case of a conviction.
My current situation is that I have already been questioned by the police and I have also received a charge of assault. However, I have no experience with criminal law and therefore do not know what penalties could potentially be imposed on me in the worst case scenario. I am very concerned about my future and my professional reputation.
So my question to you is: What penalties could I actually face in case of a conviction for assault? Are there possible solutions or ways to obtain a lenient sentence or even dismiss the charge? I would greatly appreciate your expert assessment and advice.
Thank you in advance for your help.
Sincerely,
Hilde Weber
Dear Mrs. Weber,
Thank you for your inquiry regarding your situation as a suspect in a criminal proceeding for assault. First and foremost, I want to emphasize that it is understandable that you are worried about the possible consequences and penalties. A conviction for assault can have serious consequences and significantly impact your life.
In German criminal law, assault is defined under § 223 of the Criminal Code as the intentional physical mistreatment or injury of another person. Depending on the severity of the offense and the individual circumstances, various penalties can be imposed. In the case of a conviction for simple assault, fines or imprisonment of up to five years are typically imposed.
However, if aggravating circumstances are present, such as a serious injury to the victim, a repeat offense, or the commission of the offense under particularly reprehensible circumstances, the penalty may be higher. In such cases, imprisonment of over five years can also be imposed.
It is important to note that a conviction does not necessarily mean that the maximum penalty will be imposed. There are various ways to obtain a lenient sentence or avoid prosecution. This includes cooperating with an experienced criminal defense attorney who will represent your interests in court and develop possible defense strategies.
It may also be helpful to show remorse and strive for an out-of-court settlement with the victim. In some cases, successful restitution can help in receiving a lighter sentence. However, it is important to seek legal advice in order to avoid causing further legal problems.
In any case, I strongly advise you to seek legal assistance early on to protect your rights and be represented to the best of your ability. An experienced criminal defense attorney can help you develop the best defense strategy and work towards a lenient sentence.
I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Lukas Schlüter, Attorney at Law
