In a fight, the penalty depends above all on whether the injury required medical or surgical treatment in addition to first aid. If it did, it is an offence of causing bodily harm under article 147.1 of the Spanish Criminal Code (Código Penal, CP): three months to three years in prison or a fine of six to twelve months. If first aid was enough, it is a minor offence (delito leve) punishable by a fine of one to three months (147.2). With weapons or dangerous objects, the penalty can rise to two to five years in prison (148). Self-defence can exempt you from liability (art. 20.4).
A charge of causing bodily harm after a fight can arise from a road rage incident, a night out or a dispute between neighbours that gets out of hand. Whether you have been attacked or you are the one accused, the first step is to know what type of injury there is and what evidence exists. We explain it with reference to the Criminal Code and tell you how an assault and bodily harm lawyer in Alicante works on these cases.
The key point: first aid or medical treatment
Article 147.1 punishes anyone who causes another person an injury that impairs their bodily integrity or their physical or mental health, provided that the injury objectively requires, for it to heal, not only initial medical attention but also medical or surgical treatment. The law makes clear that simply monitoring or following up the progress of the injury is not regarded as medical treatment.
In practice, the dividing line is argued in each case on the basis of the A&E report and the forensic report. A bruise that only requires an examination and a painkiller usually counts as first aid; the courts tend to regard stitches, for example, as surgical treatment. That difference turns a minor offence punishable by a fine into an offence that can lead to prison.
Penalties for injuries in a fight
| Situation | Penalty | Article |
|---|---|---|
| Striking or assaulting someone without causing injury | Fine of one to two months (minor offence) | 147.3 CP |
| Injury requiring only first aid | Fine of one to three months (minor offence) | 147.2 CP |
| Injury requiring medical or surgical treatment | Three months to three years in prison or a fine of six to twelve months | 147.1 CP |
| Injuries with weapons, dangerous objects or methods, cruelty or treachery, or a victim under 14 or with a disability requiring special protection | Two to five years in prison (discretionary, depending on the result or the risk) | 148 CP |
| Loss or loss of use of a non-principal organ or limb, or disfigurement | Three to six years in prison | 150 CP |
| Loss or loss of use of a principal organ or limb or of a sense, serious disfigurement or serious illness | Six to twelve years in prison | 149 CP |
The minor offences in sections 2 and 3 of article 147 are prosecuted only if the injured person files a complaint (art. 147.4). In addition, the victim’s express forgiveness, given before judgment, extinguishes liability for these minor offences (art. 130.1.5).
Article 148 also increases the penalty when the victim is or has been the offender’s wife or partner, or is a particularly vulnerable person living with them. If the fight was with your partner or former partner, the case is governed by the rules on gender-based or domestic violence, which we deal with on our website specialising in gender-based violence.
Affray: when it is not known who hit whom
Article 154 punishes those who fight one another in a chaotic brawl using means or instruments that endanger people’s life or physical integrity. The penalty is three months to one year in prison or a fine of six to 24 months, simply for taking part in the brawl.
This offence requires a confused fight between several people and the use of dangerous means (bottles, sticks, knives). It does not apply to every group fight: if it can be established who caused each injury, each person is liable for what they did.
Self-defence: when it exempts you
Article 20.4 of the Criminal Code exempts from liability anyone acting in defence of their own or another person’s life or rights, if three requirements are met:
- Unlawful aggression: a real, current or imminent attack, not a remote threat or verbal provocation.
- Reasonable necessity of the means used to prevent or repel the attack: the response must be proportionate to the situation.
- No sufficient provocation on the part of the person defending themselves.
If one of the non-essential requirements is missing, such as the proportionality of the means, an incomplete defence may be found, which requires the penalty to be reduced by one or two degrees (articles 21.1 and 68). When both parties agree to fight, the courts usually reject self-defence, because no one is defending themselves from an attack they have not accepted.
Important: in fights it is very common for both parties to report each other. Before making a statement, speak to your lawyer: what you say at the police station about who started it or how you responded can be decisive for self-defence or for your conviction.
Injury report, forensic report and other evidence
The case is built on just a few pieces of evidence, and it is worth looking after them from day one:
- Injury report (parte de lesiones): the report from the health centre or A&E describes the injuries and the care provided. In speedy trials, the police must request a copy of that report to attach it to the police report (article 796.1.1 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal, LECrim).
- Forensic doctor’s report: it assesses whether there was medical treatment, how many days the injury took to heal and any after-effects. It is the basis for the legal classification and for compensation.
- Witnesses and recordings: people who were present, CCTV from premises and mobile phone videos. Recordings are soon lost, so it is best to identify them as early as possible.
- Photographs of the injuries on successive days and proof of sick leave or medical expenses.
Compensation for injuries
Anyone who is criminally liable for an offence is also liable in civil law for the damage caused (article 116 of the Criminal Code). The same judgment sets the compensation for the days taken to heal, after-effects, medical expenses and other proven losses. To calculate the amounts, the courts usually use the road traffic accident compensation scale (baremo) as a guide. If you are the victim, joining the proceedings with a lawyer allows you to argue for your own assessment rather than relying solely on the prosecutor’s.
Speedy trial or trial for a minor offence
If the police intervene at the scene, the case will normally follow a fast-track procedure:
- Offence under article 147.1: if it is caught in the act or straightforward to investigate, it is processed as a speedy trial (article 795 of the Criminal Procedure Act). The accused can accept a plea agreement at the duty court with a one-third reduction in the penalty (article 801), which we explain in plea agreements in a speedy trial. We support you through that process with our speedy trial lawyer service.
- Minor offences of injury or assault without injury: the police may summon everyone before the duty court for an immediate trial (article 962). The details are in how a trial for a minor offence works. Remember that minor offences become time-barred after one year.
Injuries from fights in Alicante
If the fight takes place in the city of Alicante and there are arrests, the detainees are brought before the Investigating Section on duty; according to the Generalitat Valenciana directory, the Alicante Duty Court is at Avenida de Aguilera, 53. Many of the speedy trial hearings and trials for minor offences are held there. If the events take place in another municipality in the province, the court of that judicial district has jurisdiction.
At our firm we handle cases from both sides: we defend the accused and we assist the victim as a private prosecutor (acusación particular). In both cases, the first step is to review the medical report, find witnesses and recordings, and decide whether it is better to make a statement or to accept a plea agreement. Celeste Pérez Bleda has more than 20 years of criminal law practice, and our team will assist you in your language.
If this is your situation, you can talk to a criminal lawyer in Alicante: at Celeste Pérez Bleda’s office we review your case and tell you clearly what your options are.
Frequently asked questions
Is it a crime to punch someone if it leaves no injury?
Yes, but a minor one. Article 147.3 of the Criminal Code punishes anyone who strikes or assaults another person without causing injury with a fine of one to two months. It is prosecuted only if the person attacked files a complaint, and their express forgiveness before judgment extinguishes liability. If the blow is to a partner or former partner, other rules and more severe penalties apply.
What happens if we both hit each other?
Usually each person reports the other and both end up as complainant and accused in the same proceedings. The judge will assess who started the aggression and what injuries each person caused. If you both agreed to fight, it is difficult to claim self-defence. If the initial aggressor is identified, the person who defended themselves may be exempt.
How much compensation can be claimed from me for a fight?
It depends on how many days the injury took to heal, whether there was sick leave, any after-effects and the proven expenses. The forensic doctor assesses this, and the courts usually use the traffic accident scale as a guide. There is no fixed figure: each case requires a review of the medical reports and of what each party can prove.
Can I withdraw a complaint for injuries?
If it is a minor offence of injury or assault without injury, yes: your complaint is needed to prosecute it and your express forgiveness before judgment extinguishes criminal liability. If the injury required medical treatment (article 147.1), it is a public offence and the case can continue even if you withdraw your complaint.
Can I be arrested for a fight?
Yes, if there is evidence of an offence of causing bodily harm and the police intervene at the scene. For a minor offence, however, the law only allows an arrest if the person has no known address and does not post bail. If you are arrested, you have the right to remain silent and to speak to your lawyer in private before making a statement; we explain this in what to do if you are arrested.
If you have been injured in a fight or are accused of injuring someone, the sooner we review the medical report and the evidence, the better we can prepare your position. We will explain your options with no obligation. You will find all the information on our defence and private prosecution for bodily harm page, and you can message us on WhatsApp at 607 449 491, 24 hours a day: we will reply straight away. Our team will assist you in English.
