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Injuries and assaults

Injuries and assaults.

Injuries arising from a fight, a brawl in the nightlife scene, or an altercation in a tourist area are among the most common offences affecting both foreigners and Spanish nationals in Spain. What seems like a one-off incident can turn into criminal proceedings with requests for a prison sentence, especially where a dangerous instrument was used or several people were involved.

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What the Criminal Code says

The offence of causing injury (Art. 147) penalises anyone who causes another person an injury that requires, in addition to initial first aid, medical or surgical treatment, with imprisonment from three months to three years or a fine. Where weapons or dangerous instruments are used, or where there is cruelty, the aggravated offence under Art. 148 applies. If no medical treatment is required, it may be treated as a minor offence of causing injury.

Brawls, group fights and self-defence

In fights involving multiple participants, the offence of riotous brawl (Art. 154) may apply, along with the difficulty of attributing each injury to each person. Audiovisual evidence—venue CCTV, mobile phones, hotel security—and witnesses can change the charge. We always assess self-defence and the proportionality of the response.

How we defend you

We analyse the injury report and the medical assessment to challenge the legal classification, secure audiovisual evidence before it is lost, and develop the strategy—whether a favourable plea agreement or a full defence—depending on the case.

International dimension

Many cases involve tourists who return to their country before trial. We coordinate the defence remotely, arrange appearances by videoconference, and provide assistance in German and English. If the proceedings continue while the client is abroad, we anticipate the risk of a European Arrest Warrant and take steps to prevent it.

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Index

Frequently asked questions

What is asked first.

When is a fight prosecuted as an offence of causing injury, and when as a minor offence?

It depends on whether the injury required medical or surgical treatment in addition to initial first aid. Without treatment, it is usually a minor offence.

I was assaulted and defended myself—does that count as self-defence?

It may, if there is unlawful aggression, a rational necessity for the means used, and no provocation. We assess this based on the evidence.

I returned to my country after the fight—can I defend myself from abroad?

Yes, in many cases. We coordinate the defence remotely and, where appropriate, arrange appearances by videoconference.

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