Best Assault & Battery Lawyers in Arlesheim

About Assault & Battery Law in Arlesheim, Switzerland

In Switzerland, including Arlesheim in the canton of Basel-Landschaft, what many English speakers call assault and battery is covered by several offenses in the Swiss Criminal Code. Serious bodily injury and simple bodily injury address harm that causes measurable injury. Assault, called Taetlichkeiten in German, covers physical attacks that cause pain or discomfort but no or very minor injury. Group violence is addressed by brawling and attack offenses. Threats and coercion may also be charged when violence or intimidation is used. Police in Arlesheim investigate, the cantonal prosecution service leads the case, and criminal courts in Basel-Landschaft decide guilt and penalties. Victims can claim compensation in the same criminal case, and protective measures are available when safety is at risk.

Why You May Need a Lawyer

A lawyer can help victims secure protection quickly, preserve evidence, and claim compensation for medical costs, lost income, and pain and suffering. Legal counsel can also guide you through police interviews, explain your rights, and coordinate with victim assistance services. If you are accused, a lawyer helps you exercise your right to remain silent, prepares your defense, assesses self defense or consent arguments, negotiates with the prosecutor, and challenges unreliable evidence. Skilled counsel is especially important when domestic violence is alleged, when minors are involved, when there are cross border issues around Basel, or when immigration status could be affected by a conviction. Lawyers also manage deadlines, such as the short time limit for filing a criminal complaint for certain offenses.

Local Laws Overview

Offense categories. Serious bodily injury and simple bodily injury cover harm of different severity. Assault covers physical contact that causes pain but little or no injury. Brawling involves a fight among several persons. Attack involves several persons attacking one person. Threats and coercion may apply without physical contact. Domestic violence can trigger special rules and immediate protective measures.

Complaint requirement. Some offenses, such as simple bodily injury and assault in many situations, are prosecuted only if the victim files a criminal complaint. The deadline to file such a complaint is usually three months from the day you know who the offender is. Serious bodily injury, brawling, and attack are typically prosecuted by the authorities without a complaint.

Protective measures. Police in Basel-Landschaft can order immediate short term protective measures, such as removing a person from a shared home and prohibiting contact. Civil courts can issue longer restraining and no contact orders under the Swiss Civil Code. These measures can be requested urgently if there is a risk of further harm.

Procedure. The Kantonspolizei Basel-Landschaft investigate, gather evidence, and take statements. The Staatsanwaltschaft Basel-Landschaft decides whether to issue a penalty order or bring charges to court. Many less severe cases are resolved by a written penalty order. More serious or contested cases go to a hearing. Victims can join the case as private claimants to seek compensation.

Penalties. Sanctions may include monetary penalties calculated as day fines, fines, community service, suspended sentences with probation conditions, and imprisonment for serious cases. Courts can order treatment or counseling, and no contact orders can be included as probation conditions.

Rights. Victims have the right to respectful treatment, information about the case, protective measures, and support under the Victim Assistance Act. Accused persons have the right to remain silent, to counsel, to translation if needed, and to a fair and timely process under the Swiss Criminal Procedure Code.

Time limits. Aside from the three month complaint deadline for certain offenses, there are general limitation periods for prosecution that depend on the maximum penalty of the offense. A lawyer can assess the applicable deadlines in your situation.

Frequently Asked Questions

What counts as assault or battery in Switzerland

Switzerland does not use the term battery. Physical offenses are divided into serious bodily injury, simple bodily injury, and assault. Assault covers acts like slaps or pushes that cause pain but no or very minor injury. Fights among several persons can be prosecuted as brawling, and attacks by several persons on one victim can be prosecuted as attack. Threats and coercion can apply without physical contact.

Do I need to file a complaint, and what is the deadline

For some offenses, such as simple bodily injury and assault in many non domestic contexts, prosecution occurs only if the victim files a complaint. The general deadline is three months from the date you learn who the offender is. Serious bodily injury, brawling, and attack are usually prosecuted by the authorities without a complaint. If in doubt, file a complaint promptly to preserve your rights.

What should I do immediately after an incident

Get to safety and call 117 for police or 144 for medical help. Seek medical care and ask for a medical report, as it is key evidence. Preserve evidence such as photos, clothing, messages, and contact details of witnesses. Avoid contacting the other party. If you are the accused, do not make statements before speaking with a lawyer, and do not destroy or alter evidence.

How does self defense work

Self defense is allowed if you repel an imminent unlawful attack with necessary and proportionate force. Excessive force can still be punished, though courts may mitigate the penalty if you overreacted in the heat of the moment. Document injuries and witness statements, and consult a lawyer early to assess proportionality.

What are my rights as a victim in Basel-Landschaft

You can request protective measures, be accompanied to interviews, request separate waiting areas from the accused, and receive information about the case. You can seek compensation within the criminal case and access counseling and financial aid through the cantonal victim assistance office. Interpreters are available if needed.

What are my rights if I am accused

You have the right to remain silent, to consult a lawyer before and during questioning, to review the file through your lawyer, and to present evidence and witnesses. For serious charges or if you cannot afford a lawyer, the court may appoint defense counsel. Translation is available if you do not speak the language of the proceedings.

Will I have to go to court

Many less severe cases are resolved by a penalty order issued by the prosecutor. You can object within a short deadline, which then sends the case to court. Serious or contested cases go to a hearing where the court decides. Victims may be summoned to testify, but accommodations can reduce stress and risk.

What penalties can apply for assault or bodily injury

Possible outcomes include a monetary penalty calculated as day fines, a standalone fine, community service, a suspended sentence with probation, or imprisonment in serious cases. Courts can impose conditions such as therapy, a ban on approaching or contacting the victim, and participation in violence prevention programs.

How do restraining orders work in Arlesheim and Basel-Landschaft

Police can order immediate short term measures, such as removal from the home and bans on returning or contacting. For longer protection, you can apply to the civil court for a no contact or stay away order. Violations can lead to criminal consequences. A lawyer can prepare the application and supporting evidence quickly.

Can I withdraw my complaint or settle the case

For complaint based offenses, you can withdraw your complaint, which usually ends the criminal case. For offenses prosecuted by the authorities, withdrawal may not stop the case, though a settlement and apology can influence the outcome. Any civil settlement should be documented carefully. Get legal advice before signing anything.

Additional Resources

Kantonspolizei Basel-Landschaft, for emergencies dial 117. For non emergency reports, contact the nearest police post.

Staatsanwaltschaft Basel-Landschaft, the cantonal prosecution service that directs investigations and issues penalty orders.

Victim Assistance Office Basel-Landschaft, offers confidential counseling, information, and financial aid under the Victim Assistance Act.

Frauenhaus beider Basel, shelter and support for women and children experiencing domestic violence.

Specialist counseling services for men experiencing violence or for perpetrators seeking help to change behavior.

Dargebotene Hand, emotional support by phone at 143, available 24 hours.

Emergency medical services at 144, and local hospitals and clinics for immediate treatment and documentation of injuries.

Next Steps

If you are in immediate danger, call 117 or 144. Get medical attention and request a written medical report. Write down what happened while details are fresh, store photos and messages safely, and note witness names.

If you are a victim, consider filing a criminal complaint promptly to meet the three month deadline where it applies. Ask the police or your lawyer about protective measures. Contact the Victim Assistance Office for confidential support and possible financial aid.

If you are accused, contact a lawyer before giving a statement. Do not contact the other party. Provide your lawyer with all relevant information, including messages, location data, and witness details. Discuss possible defenses and the implications of a penalty order.

Select a lawyer with experience in violent offenses in Basel-Landschaft. Bring identification, medical records, photos, and any police paperwork to your first meeting. Ask about legal aid if you cannot afford counsel, since both victims and accused persons may qualify depending on the case and financial situation.

Follow through on all deadlines, including objections to any penalty order and applications for civil protective measures. Keep copies of all documents, attend scheduled interviews and hearings, and update your lawyer with any new information or changes in your safety situation.