When is it considered assault in criminal law?
August 26, 2022 | 40,00 EUR | answered by Uwe Riedmüller
Dear criminal defense attorney,
I am reaching out to you as I urgently need information regarding assault in criminal law. My name is Benjamin Freudenberger and I am currently facing a difficult situation where I have been accused of assault.
Last week, I got into a fight with a colleague at my company which resulted in physical violence. My colleague was slightly injured and has now filed a complaint against me. I am concerned that this could be considered as assault and I would like to know at what point in criminal law it is actually considered as assault.
It is important for me to understand which actions exactly fall under the category of assault and what consequences I could potentially face in the worst case scenario. I am very worried about my professional future and therefore want to consider all possible solutions and courses of action.
Could you please explain to me at what point in criminal law assault is considered and what steps I should take now to defend myself as best as possible? I thank you in advance for your support and assistance in this matter.
Sincerely,
Benjamin Freudenberger
Dear Mr. Freudenberger,
Thank you for your inquiry regarding the topic of assault in criminal law. I am sorry to hear that you are in a difficult situation and that a report of assault has been filed against you. I would like to provide you with some information on the offense of assault in criminal law and discuss possible courses of action.
Assault in criminal law occurs when one person inflicts physical harm on another person, causing injury or impairment to their health. It is important to note that not only severe injuries, but also minor injuries such as bruises or abrasions, can be considered as assault. The key factor is that there is a physical impairment that goes beyond the everyday norm.
The punishment for assault depends on the severity of the injury. In Germany, assault is defined as a criminal offense under § 223 of the Criminal Code. For simple assault, a fine or imprisonment of up to five years may be imposed. In cases of severe assault under § 226 of the Criminal Code, the punishment can be up to ten years of imprisonment.
In your case, where there was a physical altercation with your colleague resulting in minor injuries, the accusation of simple assault may be at play. To best defend yourself, I recommend consulting a criminal defense attorney immediately. An experienced attorney can represent your rights and interests, inform you of your defense options, and assist you in communicating with the investigating authorities.
It is crucial that you work closely with your attorney and provide all relevant information about the incident. Together, you can develop a strategy to refute the allegations or reach an amicable resolution. It is also important to coordinate all actions and measures with your attorney to protect your professional future to the best of your ability.
I hope that this information is helpful to you and wish you success in handling this difficult situation. If you have any further questions or need assistance, please do not hesitate to contact me.
Sincerely,
Uwe Riedmüller, Criminal Defense Attorney
