(Simple) assault (Article 300 Sr) and aggravated assault (Article 302 Sr) are relatively common offenses. Both offenses involve inflicting bodily harm on another person, but differ in severity and punishment.
What is (simple) mistreatment?
(Simple) assault is knowingly injuring or hurting another. With this is equated the intentional harming. Simple assault carries a maximum prison sentence of up to three years or a fourth category fine (€25,750). Under special (and criminally aggravating) circumstances, the imprisonment can reach a maximum of four six years.
What is aggravated assault?
There is aggravated assault When a person causes serious bodily injury to another. Serious bodily injury includes permanent injuries where there is no prospect of full recovery and there may be a loss of function. Among other things, the court looks at whether bone fractures have occurred as a result of the assault or whether there are permanent injuries. If so, this may lead to the conclusion that aggravated assault has occurred.
In principle, aggravated assault is punishable by imprisonment for up to eight years or a fifth-category fine (€103,000). If aggravated assault results in death, the prison term may be up to 10 years.
What penalties are 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 ensure that these circumstances are properly presented to the judge.
The maximum prison sentence that can be imposed for (simple) assault is three years.
The maximum prison sentence that can be imposed for aggravated assault is eight years. If the offense results in death, the maximum prison term is 10 years.
However, the maximum prison sentence is by no means always imposed.
Need an abuse lawyer?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of aggravated assault. Our attorneys will discuss the criminal case file with you and work with you to determine a strategy that will achieve your desired success. 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 send an e-mail to 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 at our emergency phone number 06-24428734.
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