Open violence occurs when at least two persons have used violence against persons or property in a public place. In principle, overt violence carries a maximum penalty of four years and six months' imprisonment or a fourth-category fine (€25,750). Under special circumstances, such as causing injury, the imprisonment can reach a maximum of nine years or a fifth-category fine (€103,000). If the offense results in death, imprisonment may be up to 12 years or a fifth-category fine. This is a different crime than aggravated assault or (attempted) manslaughter.
What does the law article say regarding overt violence?
The law article criminalizing overt violence, Article 141 Penal Code, reads as follows:
'1 Those who openly commit violence against persons or property in association shall be punished by imprisonment for a term not exceeding four years and six months or a fine of the fourth category.
2. The guilty party shall be punished:
- With imprisonment not exceeding six years or fine of the fourth category, if he intentionally destroys property or if the violence committed by him results in any physical injury;
- With imprisonment not exceeding nine years or a fifth category fine, if such violence results in serious bodily injury;
- With imprisonment not exceeding 12 years or a fine of the fifth category, if such violence results in death.
3. Article 81 shall not apply.
(By committing violence is equated the bringing into a state of unconsciousness or impotence.)'
What is an example of overt violence?
An example of overt violence is the following situation. During a crowded city festival, a conflict arises between two groups of people. The argument quickly escalates and leads to a brawl in the middle of the festival grounds. Both groups punch and kick each other, throw bottles and other objects, and ignore bystanders. The brawl causes chaos, people are injured, and the festivities are temporarily halted while police arrive on the scene to bring the situation under control.
What penalties can be imposed in cases of overt violence?
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 open assault is four years and six months. Under special circumstances as mentioned in the article of law, the maximum prison sentence can reach up to 12 years. However, the maximum prison sentence is by no means always imposed.
An attorney from Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a suspected case of open assault. 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 overt violence punishable?
Attempting this crime is not punishable.
Acquittal for open assault?
With regularity, suspects are acquitted of this crime. An example is shown below.
The judge acquitted the defendant because "the charges, which are diametrically opposed to the report and statements of the defendant and his sister, are not adequately supported by the testimony of witnesses and the injuries observed.
Need a lawyer for open assault?
The attorneys at Kötter, L'Homme & Plasman Attorneys at Law are experienced criminal law specialists and can assist you at the time you are suspected of public violence. Our attorneys will discuss the criminal case with you and together with you determine a strategy that will 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 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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