(Simple) assault is the intentional wounding or hurting of another. It is equated with intentional harming. Simple assault carries a maximum prison sentence of up to three years or a fourth category fine (€25,750). Under special (and punitive) circumstances, the prison term can be up to a maximum of four six years. Simple assault is different from aggravated assault or (attempted) manslaughter.
What does the article of law say regarding assault?
The law article criminalizing assault, Article 300 of the Penal Code, reads as follows:
'1. Assault shall be punishable by imprisonment not exceeding three years or a fine of the fourth category.
2. If the offense results in serious bodily injury, the guilty party shall be punished with imprisonment for not more than four years or a fine of the fourth category.
3. If the act results in death, he shall be punished by imprisonment not exceeding six years or a fine of the fourth category.
4. With mistreatment is equated intentional harm to health.
5. Attempting this crime is not punishable.
What penalties can be imposed for assault?
It is up to the judge to judge whether a criminal offense has been committed. If this is found to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. A defendant's personal circumstances are also important. The attorneys at Kötter, L'Homme & Plasman Lawyers will ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for assault is three years. If there are special circumstances as mentioned in the article of law, the maximum prison sentence is six years. However, the maximum prison sentence is by no means always imposed.
An attorney at Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a suspected assault case. For example, one of our lawyers can point out to the judge that there is too little evidence. In that case, acquittal should follow. Sometimes it happens that a suspect has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten may present circumstances why a low(er) sentence should follow.
Is attempted assault punishable?
Under paragraph 5 of the section of the law, attempted assault is not punishable.
Exoneration for assault?
With regularity, suspects are acquitted of this crime. An example is shown below.
A defendant was charged with domestic violence against his wife, allegedly assaulting her between July 2012 and May 2015. The prosecutor demanded community service and a suspended prison sentence based on the statements of the victim and a neighbor who witnessed injuries. The defense argued that the charges were unfounded and the victim's injuries could be explained by other causes, such as frolicking. The court acquitted the defendant, ruling that the evidence was insufficient to legally and convincingly establish guilt.
Need a lawyer for assault?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of assault. Our lawyers will discuss with you the criminal case file and together with you determine a strategy that can achieve the success you desire. However, it is good for you to know that our attorneys do not sugarcoat your case; we provide sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can email info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us via our emergency phone number 06-24428734.
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