Areas of defence
In short
These are offences that harm a specific person: their life, body, health, freedom to make decisions, privacy or good name. The Criminal Code groups them in the first titles of Book II, from homicide (Title I) to offences against family relations (Title XII).
In practice, most of the cases we see in Alicante arise from a fight, an argument that gets out of hand, threatening messages or a complaint between people who know each other. Each situation has a different criminal law response, and it is worth knowing as soon as possible which one yours falls into.
If you are the person under investigation, the first thing is not to make a statement without advice and to preserve the evidence in your favour: messages, witnesses, cameras or medical reports. We review the police report, the injury report and each party’s version, and we prepare your statement. If you have been arrested, we go to the police station or the duty court. Many of these cases are dealt with as a speedy trial.
If you are the victim, we help you report the offence, apply for protection measures and act as private prosecutor to claim the compensation you are entitled to.
This website does not deal with gender-based or domestic violence cases. For those matters, Celeste Pérez heads a specialist practice at abogadaviolenciadegenero.com.
It depends on the outcome. If the other person needed medical or surgical treatment in addition to first aid, it is an offence of bodily harm under Article 147.1 of the Criminal Code, punishable by imprisonment or a fine. If only first aid was needed, the penalty is a fine. A push or blow causing no injury is also punishable by a fine (Article 147.3).
Yes. Threats can be made by any means, including messages or social media. What matters is the content of the message, how serious it is and the context in which it was sent. Keep the whole conversation, not just a screenshot, because context is often decisive for the defence.
As a suspect (investigado) you have the right not to make a statement and not to plead guilty. Before deciding what to do, your lawyer should have seen the complaint and the evidence. It is often better to make a statement, but only after carefully preparing it with the person defending you.
It is not compulsory, because the public prosecutor also brings charges, but having your own lawyer as a private prosecutor allows you to propose evidence, appeal and better defend your compensation for injuries, non-pecuniary damage and any expenses you have incurred. You can also apply for protection measures.
