Assault and bodily harm lawyer in Alicante

What the offence of causing bodily harm is

The offence of bodily harm (delito de lesiones) is committed by anyone who, by any means, causes another person harm to their bodily integrity or their physical or mental health (article 147 of the Criminal Code). It is the most common charge after a fight outside a bar, a road-rage argument or an altercation between neighbours.

The key lies in the medical report. If, objectively, the injury requires medical or surgical treatment in addition to initial first aid, it is an offence of bodily harm. If initial first aid is enough, it is a minor offence (delito leve). The law makes clear that mere monitoring or follow-up by a doctor does not count as treatment. That dividing line often decides whether you face a fine or a possible prison sentence.

Types of bodily harm

• Injury requiring treatment (art. 147.1): the basic offence.
• Minor injury and assault without injury (art. 147.2 and 147.3): a blow or a push with or without a minor injury. These are minor offences and are only prosecuted if the injured person files a complaint.
• Aggravated bodily harm (art. 148): for using weapons or dangerous objects, for cruelty or treachery (ensañamiento o alevosía), or because the victim is under fourteen or a person with a disability in need of special protection, among other cases.
• Grievous bodily harm (arts. 149 and 150): loss or loss of use of an organ, limb or sense, disfigurement or serious illness.
• Bodily harm through negligence (art. 152): without intent, for example in an accident.
• Affray (riña tumultuaria, art. 154): taking part in a confused fight between several people in which means or instruments that endanger life or physical integrity are used, even if it is not known who caused each injury.

If the injured person is or has been your partner, the case is governed by the rules on gender-based or domestic violence: in that situation we assist you through our specialist website, abogadaviolenciadegenero.com.

Penalties for bodily harm

Two important points. The aggravating factors in article 148 are not automatic: the law says the injuries “may” be punished with that penalty, depending on the result or the risk caused, and that leaves room for the defence. And if the injured person gave valid consent, the penalty is reduced by one or two degrees (art. 155).

In addition to the penalty, anyone convicted must compensate the harm caused: days of recovery, lasting effects, medical expenses (art. 116). The judge may also impose a ban on approaching or contacting the victim (art. 57).

How we defend you

In a bodily harm case almost everything is decided in the first few hours and in the medical evidence. This is how we work:

1. We assist you at the police station or at the duty court (juzgado de guardia) and advise you on whether to make a statement or remain silent. If you have been arrested, see our page on 24-hour assistance for people under arrest.
2. We study the police report (atestado) and the medical reports. We request the forensic doctor’s report and, if necessary, our own expert report to challenge whether there was really treatment or only first aid.
3. We reconstruct the events: security cameras, mobile phone videos, witnesses, messages. In fights it is common for the accounts to conflict and for both sides to file complaints.
4. We assess self-defence (legítima defensa, art. 20.4): unlawful aggression, reasonable necessity of the means used and lack of sufficient provocation. If one of the requirements is missing, it can still operate as a mitigating factor (art. 21.1).
5. Where appropriate, we negotiate: repairing the harm before trial is a mitigating factor (art. 21.5) and, in a speedy trial, a plea agreement (conformidad) at the duty court reduces the sentence sought by one third when the requirements of article 801 of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal) are met.

Many fights are dealt with as a speedy trial before the Investigation Section of the Court of First Instance (formerly the investigating court). Decisions are taken within hours, so it is best to arrive with a lawyer who knows the case.

Will I go to prison? Suspended sentences and criminal records

In most art. 147.1 bodily harm cases where there is no previous record, the sentence may end up being a fine or a prison term that is not actually served. The judge can suspend prison sentences of no more than two years (art. 80) if it is your first offence and the compensation is paid, or you undertake to pay it in line with your financial means. During the suspension period you must not reoffend.

A conviction creates a criminal record. If the sentence does not exceed twelve months, it can be removed two years after the sentence is extinguished, provided you do not reoffend (art. 136). We can then help you with removing your criminal record.

If you have been assaulted

If you are the one who has been assaulted, go to a medical centre as soon as possible and ask for an injury report (parte de lesiones). Take photos, keep your clothes and note down the witnesses’ details. Then report it to the police.

You can join the proceedings as a private prosecutor: this allows you to propose evidence, ask for the penalty you consider fair and claim full compensation for days of recovery, lasting effects and expenses. Bear in mind that minor bodily harm offences become time-barred after one year (art. 131), and that in these cases your complaint is essential for the case to go ahead.