Best Assault & Battery Lawyers in Aurich
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Find a Lawyer in AurichAbout Assault & Battery Law in Aurich, Germany
In Germany the concepts commonly referred to in English as assault and battery are treated as criminal offences of bodily injury and related misconduct. The relevant provisions are in the German Criminal Code - Strafgesetzbuch (StGB) - especially §§ 223 to 226 for bodily injury (Körperverletzung), with additional provisions for dangerous or grievous bodily harm and related offences. Enforcement in Aurich follows national criminal law and is handled locally by the police and the public prosecutor's office. Victims may pursue both criminal proceedings and civil claims for compensation and costs. For incidents in private settings - including domestic violence - special protective measures and civil remedies are also available under the Protection Against Violence Act - Gewaltschutzgesetz.
Why You May Need a Lawyer
Assault and battery cases can affect your liberty, criminal record, finances and personal safety. You may need a lawyer if you are:
- Accused of causing injury or face a criminal investigation - to protect your rights, advise on immediate steps, prepare a defence and represent you in court.
- A victim seeking to start criminal charges or to push a prosecutor to act - to prepare and submit the Strafanzeige, follow the case, and suggest evidence that supports prosecution.
- Seeking compensation for physical injury, pain and suffering or financial losses - to bring civil claims for Schmerzensgeld and reimbursement of expenses under the Civil Code - BGB.
- Facing complex situations such as incidents involving alcohol, self-defence claims, repeat allegations, juvenile offenders, workplace incidents or cross-border issues - where specialised experience is important.
- Needing immediate protective measures such as restraining orders or measures under the Protection Against Violence Act - to apply to court quickly and obtain effective orders.
Local Laws Overview
Key legal points to understand in Aurich and across Germany:
- Criminal offences: Simple bodily injury is covered by StGB §223. Aggravated forms - for example dangerous bodily injury - are covered by StGB §224 and serious bodily injury by StGB §226. Penalties depend on the severity of harm, manner of the attack and aggravating factors.
- Justification and excuses: Self-defence is regulated by StGB §32, and certain acts may be justified if they are necessary to avert an unlawful attack. Other legal defences include necessity - Notstand - under StGB §34 and issues related to intent and capacity.
- Prosecution process: Police reports and medical documentation are important. Once a report is filed the Staatsanwaltschaft (public prosecutor) decides whether to open formal charges. For minor incidents prosecutors may offer diversion or settlement measures in appropriate cases.
- Civil claims: Victims can claim compensation for pain and suffering - Schmerzensgeld - and for financial losses. Civil claims are founded on the German Civil Code - Bürgerliches Gesetzbuch (BGB). Evidence such as medical reports and expense receipts is essential.
- Victim protection: The Protection Against Violence Act allows victims to seek court orders that, for example, prohibit a perpetrator from entering a residence or approaching the victim. Police can also act immediately to secure the situation if there is imminent danger.
- Juvenile offenders: If the accused is under 18, juvenile criminal law and diversion options are more likely to apply. Legal representation experienced in Jugendstrafrecht is important.
- Administrative consequences: Convictions can result in fines, suspended sentences, imprisonment and a record entry that may appear in a certificate of conduct - Führungszeugnis - with consequences for employment or licensing.
Frequently Asked Questions
What exactly counts as assault or battery under German law?
Under German law the term is mainly Körperverletzung - bodily injury. It covers any unlawful physical attack that causes pain or harm, even if injury is minor. More serious categories apply if a weapon was used or the injury is severe. Other related offences include threats, coercion and insult.
How do I report an assault in Aurich?
Report the incident to the local police station by filing a Strafanzeige. If you need immediate help call the emergency number 110. After a report be sure to get medical attention and a written medical report - a vital piece of evidence.
Will the prosecutor always press charges?
Not always. The public prosecutor reviews the police report and evidence. Prosecution depends on the strength of evidence, severity of the offence and public interest. In some minor cases prosecutors may offer diversion measures or decline to prosecute. In certain offences a formal victim complaint - Strafantrag - may be required to initiate prosecution.
What penalties could I face if convicted?
Penalties vary by offence. Simple bodily injury can lead to fines or imprisonment. More serious forms of bodily injury carry heavier prison terms. Courts take into account intent, prior record, use of weapons and aggravating circumstances. A conviction may also lead to compensation orders and a criminal record.
Can I use self-defence as a defence?
Yes. Self-defence is recognised if your actions were necessary and proportionate to avert an unlawful attack. Whether a specific act was proportionate depends on the circumstances. A lawyer can evaluate whether a Notwehr defence is available and how to present it.
How can a victim obtain compensation?
Victims can pursue civil claims for Schmerzensgeld and reimbursement of medical costs and other losses under the BGB. Compensation can be pursued alongside or after criminal proceedings. Collect medical records, expense receipts and witness statements to support a claim.
What immediate steps should I take after an assault?
Ensure safety, seek medical attention and get a medical report, preserve evidence such as clothing or photos of injuries, collect witness names, and file a police report. Consider contacting a lawyer for help with criminal and civil steps and to request protective measures if needed.
Do I need a lawyer if I am only a witness?
Typically witnesses do not need a lawyer. However if you are a witness with legal concerns - for example potential self-incrimination or if you are a party to related civil proceedings - consult a lawyer for personalised advice.
What about incidents that happened at work or in public transport?
Workplace or public incidents are handled under the same criminal statutes, but additional rules may apply. Employers have duties to protect employees, and there may be administrative or labour remedies. Document the incident and notify employers or transport operators as appropriate, and consider both criminal reporting and civil claims.
Where can I get free or low-cost legal help in Aurich?
Legal aid options include Beratungshilfe for initial legal advice and Prozesskostenhilfe for court proceedings if you have limited income. Local legal aid offices and the regional bar association can explain eligibility and help you find a lawyer who handles criminal and victim cases.
Additional Resources
Useful organisations and bodies to contact or research when dealing with assault and battery matters in Aurich:
- Local police - for immediate danger call 110 and for reporting offences visit the nearest police station.
- Public prosecutor's office in the district - for questions about the status of a criminal case.
- Local court - Amtsgericht and Landgericht handle criminal and civil hearings depending on severity.
- Victim support services - for emotional support, information on victims rights and assistance with navigating the criminal process.
- Legal aid offices and bar association - for help finding a lawyer and assessing eligibility for Beratungshilfe and Prozesskostenhilfe.
- Medical providers - for emergency care and medical documentation that forms essential evidence in both criminal and civil matters.
Next Steps
If you are in immediate danger call 110 now. If the danger has passed take the following steps:
- Seek medical attention and obtain a written medical report documenting injuries.
- Preserve evidence - keep clothing, take photos of injuries and the scene, and collect contact details for witnesses.
- File a police report - make a formal Strafanzeige and obtain a copy or a reference number.
- Consider contacting a lawyer experienced in criminal defence or victim representation for an initial consultation. If you cannot afford private counsel ask about Beratungshilfe and Prozesskostenhilfe.
- If you need protection from a perpetrator ask about measures under the Protection Against Violence Act or emergency orders the police can enforce.
- Keep a clear record of dates, times and events. This timeline will help your lawyer and authorities evaluate and pursue the case.
Understanding your rights and taking prompt organised steps will improve the chances of securing both protection and the remedies you need. A specialist lawyer can advise on strategy, represent you before authorities and courts and help obtain compensation or protective orders where appropriate.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.