Best Assault & Battery Lawyers in Bilbao

About Assault & Battery Law in Bilbao, Spain

This guide explains how the law treats assault and battery in Bilbao, Spain, and what people should know if they are a victim, a suspect, or a concerned third party. Spanish criminal law does not always use the English labels assault and battery in the same way. Conduct that in common law systems is called assault or battery is usually addressed under the Spanish Penal Code as injuries, threats, mistreatment, or other related offences. Local procedures involve police - either the Basque regional police - Ertzaintza - or the municipal police of Bilbao - and the courts and public prosecutor of Bizkaia. Time frames, available remedies, and procedural options can vary depending on whether the conduct is classified as a serious crime, a less serious offence, or an administrative matter.

Why You May Need a Lawyer

You may need a lawyer in an assault or battery matter for several reasons. A lawyer can explain your rights and procedural options, prepare and present criminal complaints or civil claims for compensation, request protective measures, defend you if you are accused, and represent you in hearings. Victims often require legal help to secure evidence - including medical reports, witness statements, and police reports - and to make sure that their case is properly presented to the prosecutor or judge. People accused of wrongdoing need a lawyer to protect their rights from the earliest stage, to advise on self-defence issues, and to negotiate with the prosecutor. In more sensitive cases - for example those involving domestic violence, sexual assault, minors, or weapons - a specialist lawyer is highly recommended due to specific procedural rules and potential protective measures.

Local Laws Overview

Key legal and procedural points relevant in Bilbao include the following.

- Legal classification - Physical attacks and related conduct are typically prosecuted under provisions of the Spanish Penal Code. Common categories include offences against physical integrity - often referred to as injuries - threats, coercion, and sexual offences. Domestic or gender-based violence is addressed through specific criminal provisions and procedural rules.

- Filing a complaint - A victim can file a denuncia at a police station. The police will often open an investigatory report - atestado - and forward it to the public prosecutor - fiscalía - which decides whether to take formal action.

- Medical evidence - A medico-forensic report - parte de lesiones - prepared by health services or the Instituto de Medicina Legal is crucial to document injuries and to support criminal and civil claims.

- Jurisdiction and courts - Criminal investigations may be conducted by the Juzgado de Instrucción or, for gender violence, by the specialized courts for violence against women when applicable. Trials can take place in summary or abbreviated procedures depending on the seriousness of the alleged offence.

- Protective measures - Courts can impose protective measures such as restraining orders - orden de alejamiento - or provisional custody measures to protect victims, especially in domestic contexts.

- Civil compensation - Victims can claim civil compensation for injuries and damages either within the criminal procedure as a parte civil or separately in civil court.

- Legal aid - Free legal assistance - asistencia jurídica gratuita - may be available if you meet income and personal circumstances requirements. The local bar association administers applications for legal aid.

Frequently Asked Questions

What is the difference between assault and battery under Spanish law?

Spanish law does not always separate assault and battery the way some common-law systems do. Physical attacks leading to injury are usually prosecuted as offences against physical integrity - lesiones. Threats or attempts without physical contact may fall under threats or coercion. The exact classification depends on the facts, the presence of injury, the severity of those injuries, and whether a weapon or aggravated circumstance was involved.

How do I report an assault in Bilbao?

You can report an assault by going to a police station - Ertzaintza or Policía Municipal de Bilbao - or by calling the emergency number 112 if you need urgent help. You can also report the facts to the public prosecutor. When you file a denuncia, provide details, names of witnesses, and any evidence such as photos or medical reports.

What evidence should I gather after an assault?

Try to preserve and document evidence: seek medical attention immediately and obtain a medical report documenting injuries, take dated photos of injuries and the scene, collect witness names and contact details, keep damaged clothing or objects, and keep any messages - text or social media - that relate to the incident. A lawyer can help ensure evidence is properly presented to the authorities.

What is a medico-forensic report and why is it important?

The medico-forensic report - often prepared by hospital emergency services and sometimes supplemented by the Instituto de Medicina Legal - documents physical injuries and links them to the incident. It is frequently decisive to classify the offence, to request protective measures, and to support claims for criminal or civil compensation.

Can the victim drop the charges?

In many criminal matters in Spain, the public prosecutor prosecutes offences in the public interest, so a victim cannot always unilaterally drop charges once the prosecutor decides to pursue the case. The victim may choose not to pursue a private prosecution, but the public process can continue. For less serious offences that depend on the victim's complaint, withdrawal can have more effect. Discuss the specifics with a lawyer.

What immediate protective measures are available?

Court measures can include restraining orders, removal of the alleged aggressor from shared accommodation, or temporary suspension of contact. In domestic or gender violence cases, courts have fast-track procedures to impose protections. The police can also enforce emergency measures on the spot if there is an immediate danger.

Will the accused go to jail?

Punishments depend on the type and severity of the offence and on prior criminal history. Minor offences may lead to fines or community service, while serious crimes causing significant injury or using a weapon can result in prison sentences. A lawyer can explain likely outcomes based on the charges and case facts.

Can I get financial compensation?

Yes. Victims can seek civil compensation for medical costs, loss of earnings, psychological therapy, and other damages. Compensation can be requested within the criminal case as a parte civil or in a separate civil claim. A lawyer can calculate likely compensation and advise on the best route to claim it.

How long does the legal process take?

There is no single answer - the length depends on the complexity of the case, the severity of the alleged offence, and the court docket. Some straightforward matters proceed through a fast-track procedure and conclude within weeks or months. More complex investigations and trials can take many months or longer. Seek a lawyer early to understand expected timelines for your case.

Can I get free legal help in Bilbao?

Legal aid - asistencia jurídica gratuita - is available for people who meet eligibility criteria based on income, family situation, or vulnerability. The local bar association - Colegio de Abogados de Bizkaia - handles legal-aid assignments. Victims of certain crimes, such as gender violence or serious offences, may have additional access to legal and social support services.

Additional Resources

Useful resources and bodies that can assist include local police - Ertzaintza and Policía Municipal de Bilbao - for immediate safety and filing a report, emergency services through 112, the Fiscalía Provincial de Bizkaia - which handles criminal prosecution, and the Juzgados and courts that manage investigations and trials. For victims, the national Office for Victim Assistance and local victim support services provide information and help in accessing compensation and protections. The Instituto de Medicina Legal de Bizkaia supports medico-legal examinations. For gender-based violence, regional institutions such as Emakunde - the Basque Institute for Women - and local municipal victim support offices provide specialized assistance. The Colegio de Abogados de Bizkaia can help you find a criminal law specialist and administer legal aid where you qualify. Non-governmental organisations and local victim support centres can also provide immediate practical and psychological support.

Next Steps

1. Ensure safety - If you are in danger, call emergency services 112 immediately and, if possible, go to a safe location. If you are at a hospital, request that the medical staff document your injuries.

2. Preserve evidence - Keep medical reports, photos, communications, damaged items, and witness information. Write a detailed account of the incident while details are fresh.

3. File a report - Go to a police station and file a denuncia. Ask for a copy of any official report or atestado. If you prefer, speak first with a lawyer for guidance on how to proceed.

4. Seek legal advice - Contact a criminal law lawyer in Bizkaia who has experience with assault, domestic violence, or the specific issues in your case. If you cannot afford a lawyer, ask about legal aid through the Colegio de Abogados de Bizkaia.

5. Ask for protective measures - If you fear repeat harm, request immediate protective measures through the police or with your lawyer when filing the complaint.

6. Follow medical and counselling recommendations - Attend follow-up medical appointments and consider psychological support services. Documentation of treatment supports both legal and compensation claims.

7. Stay informed - Keep copies of all reports and court communications. Maintain contact with your lawyer and ask them to explain each step of the process and likely timelines.

Remember that this guide is informational and not a substitute for personalised legal advice. Laws and procedures can change, and local circumstances matter. For specific questions about your situation, consult a qualified lawyer in Bilbao or the relevant local authorities and victim support services.