Assault Charges

How to Act When Facing Assault Charges?

Whether it involves a politician putting up election posters, a professional athlete in a domestic dispute, or a professor at the University of Göttingen who regularly beat his doctoral student with a bamboo stick: assault is omnipresent and occurs in many different forms.

If you are involved in an assault allegation, this article serves as a legal overview and a guide on which steps should reasonably be taken.

If you have received a police summons for simple assault under Section 223 StGB, dangerous assault under Section 224 StGB, grievous bodily harm under Section 226 StGB, or negligent assault under Section 229 StGB, the following is initially advisable:

Try to remain calm. As an accused person in an investigative proceeding for assault, you are not obliged to provide information to the police.

The potential sentence varies considerably depending on the specific assault offense. Therefore, it is advisable to act quickly and seek advice from a lawyer familiar with assault cases.

When is the statutory definition of Section 223 StGB met?

From an objective standpoint, the offense of assault under Section 223 StGB is committed if you have physically abused another person or caused damage to their health.

The result of physical abuse occurs when there is ill-treatment or inappropriate treatment that impairs physical well-being or physical integrity in a more than insignificant way.

A damage to health is understood as any induction or increase of a pathological condition of a physical or psychological nature. A sensation of pain is not a statutory requirement for either alternative.

There must be causality between the act and the result of physical abuse or damage to health, and the result must be objectively attributable to human behavior. The latter can be understood as a correction based on evaluative criteria and is assumed if the behavior created a legally disapproved risk of the result occurring and this risk actually materialized in a specific event causing the result.

Subjectively, assault under Section 223 StGB requires intentional behavior.

Intentional assault is a relative petition offense. Prosecution therefore takes place upon request, or if the prosecution authority deems intervention necessary due to a particular public interest in criminal defense.

If you additionally take someone else’s movable property during an act of assault, this can be classified as robbery under Section 249 StGB—especially if you use force specifically to enable or secure the taking of the property.

Dangerous Assault under Section 224 StGB – An Aggravating Offense

In the event of aggravating objective circumstances, to which the intent must also extend subjectively, the offense of dangerous assault under Section 224 StGB provides for a significantly higher sentencing range compared to Section 223 StGB.

These objective circumstances are listed exhaustively in Section 224 StGB. Accordingly, dangerous assault includes assault by administering poison or dangerous substances (No. 1), by means of a weapon or another dangerous tool (No. 2), a treacherous attack (No. 3), jointly with another participant (No. 4), or by means of treatment that endangers life (No. 5).

Section 224 (1) No. 1 StGB identifies the administration of poison or other health-hazardous substances as one of the particularly dangerous methods of commission.

“Poison” includes any organic or inorganic substance that, under certain conditions, is capable of causing serious health damage through chemical or chemical-physical effects. The definition depends on the type of substance and the amount used by the perpetrator in the specific case. For classification as poison, it is irrelevant whether the substance is commonly used in everyday life; the only decisive factor is whether a significant risk to health exists. For example, a heavily salted pudding can be classified as poison due to the risk of salt poisoning.

As a catch-all provision, “other health-hazardous substances” supplements the “poison” characteristic. These include substances that act mechanically or thermally. Examples include crushed glass, metal shavings, hot liquids, or radioactively contaminated materials. Biological hazards such as bacteria, viruses, and other pathogens are also included, but not radiation or electric current.

The method of administration is varied and not limited to a specific type of consumption. Absorption can occur through inhalation, swallowing, or skin contact and does not necessarily involve penetration into the body. External administration is also sufficient if it entails a significant health hazard.

Section 224 (1) No. 2 StGB qualifies cases of assault in which a particular danger to the victim is posed by the use of a weapon or another dangerous tool.

For a finding of dangerous assault, it is required that the instrument used acts directly and immediately on the victim’s body. If a perpetrator speeds toward the victim in a car and the victim is injured while swerving, there is no direct impact and thus no offense of dangerous assault. It would be different if the victim had been injured by an actual collision with the car.

According to established case law, a dangerous tool is any movable object that, due to its objective nature and specific use in an individual case, is capable of causing significant bodily harm. Immovable objects such as walls, rocks, or floors against which the victim is pressed or pushed do not fulfill the statutory definition. Similarly, immovable environmental factors such as an abyss or the sun do not count as dangerous tools.

Body parts are also generally not considered dangerous tools, with the exception of the “shod foot.” The decisive factor here is not the foot itself, but the shoe worn by the perpetrator. Thus, a light shoe is often not classified as a dangerous tool, while a heavy boot, such as a combat boot, is considered a dangerous tool in most cases.

A tool can also be an everyday object, as long as its specific use is capable of causing serious injury. Striking someone in the face with a clothes hanger or a bunch of keys fulfills the offense of dangerous assault, as does strangulation with a scarf.

A “weapon” is a particularly dangerous tool specifically designed to cause significant injury to humans. However, a mere threat or the use of the weapon without dangerous application, such as lightly striking someone with the handle of a firearm, does not necessarily fulfill the offense under Section 224 (1) No. 2 StGB. There must be a specific dangerous use that carries the risk of significant injury.

Section 224 (1) No. 3 StGB covers the scenario of assault by means of a treacherous attack. Such an attack exists if the assault on the injured party is designed in such a way that they cannot prepare for it. Furthermore, the attack must be carried out in a manner intended to make the victim’s defense more difficult. This is assumed, for example, if the perpetrator systematically conceals their intent to injure, such as through feigned friendliness, lying in wait, or sneaking up. However, according to case law, a sudden attack from behind or the mere exploitation of a moment of surprise is not sufficient to fulfill the offense of a treacherous attack if there is no specific prior planning of the deception.

The offense of a treacherous attack under Section 224 (1) No. 3 StGB thus requires deliberate deception and concealment of intent to make defense impossible for the victim. In cases of this kind, a precise examination of the sequence of events is necessary to assess the question of treachery and prepared deception.

The offense of joint commission under Section 224 (1) No. 4 StGB requires that at least two people act together consciously at the scene of the crime. It is not necessary for every participant to perform their own act of injury. However, it is not sufficient to merely be passively present at the scene and thereby reinforce the main perpetrator’s intent. Joint action exists when actions such as preventing an escape, handing over tools, or similar supportive measures are taken that increase the danger of the specific situation. Such actions demonstrate conscious cooperation and intensify the danger to the victim, which fulfills the offense of joint commission.

In cases involving allegations of joint assault, it is crucial to carefully examine the behavior of each participant to clarify the question of conscious cooperation.

The question of when assault by means of treatment that endangers life within the meaning of Section 224 (1) No. 5 StGB occurs is frequently the subject of legal disputes. This characteristic predominantly covers any impact that is generally capable of putting the victim’s life in danger, considering the specific individual case. It is not required that a specific danger to life actually occurs. This definition highlights the elusive circumstances of this statutory element and points to the need for a comprehensive evaluation of the individual case to legally assess the situation correctly.

Since Section 224 (1) No. 5 StGB is a so-called suitability offense, treatment that is fundamentally capable of causing a danger to life is sufficient. The danger does not have to materialize. Similar to assault with a dangerous tool, the danger must arise directly from the life-threatening treatment itself. In cases where the immediate danger arises not from the act itself but from external circumstances, Section 224 (1) No. 5 StGB is denied. An example is pushing a person onto a busy highway. Here, the danger to life does not arise directly from the push, but from the risk of being run over.

Life-threatening acts are generally those where the danger results immediately and directly from the act itself. Examples include numerous blows to the head, throwing someone into ice-cold water, or threatening someone with a weapon that carries a risk of heart attack. Chokeholds on the neck can also be life-threatening, but this depends on the duration and intensity of the hold; pressure marks similar to strangulation marks alone are not sufficient.

Furthermore, life-threatening treatment can also be committed by omission if there is a legal duty to avert the danger. Examples include failing to recall a life-threateningly defective product or the intentional neglect of a toddler’s nutrition. This shows how complex the legal assessment can be and underscores the importance of a careful case-by-case consideration for an appropriate defense in cases involving Section 224 (1) No. 5 StGB.

Grievous Bodily Harm under Section 226 StGB – A Result-Qualified Offense

Structured as a felony with a minimum prison sentence of one year, grievous bodily harm under Section 226 StGB is notable for its significantly increased sentencing range.

The reason for this is the occurrence of a particularly serious consequence, listed exhaustively in Section 226 StGB, which was brought about at least through negligence in addition to the intentional assault under Section 223 StGB. A loss of sight, hearing, or reproductive capacity (No. 1), of an important limb of the body or its permanent loss of use (No. 2), as well as permanent disfigurement in a significant way or falling into infirmity, paralysis, mental illness, or disability (No. 3) must therefore be attributable to the assault under Section 223 StGB. In addition to these obviously very serious consequences for the victim’s personal life, the high penalty is also explained by the prohibition of discrimination against people with disabilities, as codified in the Basic Law, Art. 3 (3) sentence 2 GG.

If the perpetrator acts intentionally or knowingly from a subjective perspective regarding the serious consequence and the connection between the basic offense of Section 223 StGB and the qualifying result of Section 226 StGB, the prison sentence under Section 226 (2) StGB is not less than three years.

Negligent Assault under Section 229 StGB

Physical abuse or damage to health is often committed through negligence. The essential difference from simple assault under Section 223 StGB lies in the subjective component, which in Section 229 StGB only requires negligence.

If a negligent assault results in a serious consequence within the meaning of Section 226 StGB or Section 227 StGB, this can only be taken into account at the sentencing level.

Issues surrounding negligent assault often involve participation in self-harm and self-endangerment, as well as questions of consent to injury or endangerment by others. These aspects are characterized by difficult questions of differentiation in individual cases and can be clarified by engaging a specialized lawyer.

What is the Penalty for Assault Charges?

For assault under Section 223 StGB, the sentencing range extends from a fine to five years’ imprisonment. Attempted simple assault is punishable under Section 223 (2) StGB.

In contrast, dangerous assault under Section 224 StGB carries a significantly increased sentencing range of six months to ten years’ imprisonment, or in less serious cases, three months to five years’ imprisonment. Attempted dangerous assault is also punishable.

As a felony, grievous bodily harm under Section 226 StGB carries a minimum prison sentence of one year, which can range up to ten years. Section 226 (2) StGB provides for an increase to a prison sentence of not less than three years in cases of intentional or knowing causation, while the less serious cases outlined in Section 226 (3) StGB stipulate a reduction to a prison sentence of six months to five years, or in the case of Section 226 (2) StGB, to a minimum prison sentence of one year up to ten years.

The severity of the penalty depends decisively on the circumstances of the specific individual case. In addition to the circumstances of the offense, any prior convictions of the perpetrator play an important role. Furthermore, there is the possibility of an entry in the criminal record certificate. Generally, fines are only recorded if they exceed 90 daily rates or if prison sentences exceed three months, provided that no other penalties are recorded. It is also the task and goal of the defense lawyer to prevent an entry if possible, as many employers require the presentation of a criminal record certificate.

Do I Need a Lawyer?

To keep the sentence as low as possible or, in the best-case scenario, to avoid a conviction, effective support is essential if you find yourself as an accused person in criminal proceedings for an assault offense. The penalties for assault vary considerably and are partly classified as felonies. Therefore, you should urgently contact a specialized lawyer as soon as possible.

As soon as you receive a summons as an accused person, contacting a specialist lawyer for criminal law is absolutely necessary. In cases of grievous bodily harm under Section 226 StGB, which constitutes a felony, you have the right to a court-appointed defense counsel. If you wish to exercise this right, you should act immediately and approach an appropriate lawyer. This ensures that your representation in court by an experienced defense lawyer is guaranteed in the best possible way.