Aggravated assault occurs when someone inflicts serious physical injury on another person. Serious bodily injury includes permanent injury in which there is no prospect of full recovery and possible loss of function. 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 can be up to a maximum of 10 years. Aggravated assault is different from simple assault or (attempted) manslaughter.
What does the law article say regarding aggravated assault?
The law article criminalizing aggravated assault, Article 302 of the Penal Code, reads as follows:
'1 He who intentionally causes grievous bodily harm to another shall be punished, as guilty of grievous bodily harm, with imprisonment for not more than eight years or a fine of the fifth category.
2. If the offense results in death, the culprit shall be punished by imprisonment for not more than 10 years or a fine of the fifth category.
What penalties can be imposed for aggravated 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 aggravated assault is eight years. If the offense results in death, the maximum prison sentence is ten 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 aggravated 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 aggravated assault punishable?
An attempted aggravated assault may be punishable. It follows from Article 45 of the Penal Code that an attempt to commit a crime is punishable, but there must have been a beginning of execution of the crime. The answer to whether there was a beginning of execution depends on the facts and circumstances of the case. Case law shows that what is important here is how close a defendant's conduct is to the completion of an intended crime.
In addition, a person must have actually intended to seriously assault someone. In criminal law this is also called (conditional) intent. (Conditional) intent exists if a defendant has knowingly accepted the substantial probability that the consequence mentioned in the penalty provision will occur.
An attempted aggravated assault carries a lower maximum prison sentence than a completed aggravated assault. This is because the maximum prison sentence for an attempt is reduced by 1/3 of the maximum prison sentence for the completed offense
Exoneration for (attempted) aggravated assault?
With regularity, suspects are acquitted of this crime. An example is shown below.
The judge acquitted the defendant because "it cannot be said that the defendant's actions were intended to inflict grievous bodily harm, even in a conditional sense.
Need a lawyer for aggravated 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 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 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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