Best Assault & Battery Lawyers in Dornach

About Assault & Battery Law in Dornach, Switzerland

In Switzerland, including Dornach in the canton of Solothurn, conduct that many English speakers call assault and battery is regulated by the Swiss Criminal Code. Swiss law does not use the common law split between assault and battery. Instead, it distinguishes between various forms of bodily harm, physical attacks without or with only minor injury, threats, and coercion. The most common offenses are simple bodily injury, serious bodily injury, and physical attacks causing no or minimal injury. Related offenses such as threats and coercion may also be charged depending on the circumstances.

Criminal proceedings are handled under federal law, but they are investigated and prosecuted locally by the Canton of Solothurn authorities. The police take reports and gather evidence, and the Public Prosecutor’s Office directs the investigation and decides on charges. Cases can be resolved by penalty order, settlement, or court judgment. Victims can seek compensation and moral damages within the criminal case, and separate civil measures such as protective orders may be available.

Why You May Need a Lawyer

Whether you are a suspect, accused, or victim, legal help can make a decisive difference. You may need a lawyer if any of the following apply:

- You are accused of hitting, pushing, or otherwise physically confronting someone in Dornach or nearby areas, including disputes in public spaces, bars, sports events, or at home.- You have been injured by someone and want to report the incident, claim compensation, or obtain a protective order.- The police have invited you to an interview as a suspect or witness, or searched your home or phone.- The incident involves a domestic or intimate partner relationship, where special rules about prosecution, protection, and victim support often apply.- There is disagreement about what happened, issues of self-defense, mutual fighting, or intoxication.- Weapons, groups of offenders, or vulnerable victims are involved, which may increase the seriousness of the case.- You are not a Swiss citizen and you are concerned about immigration or permit consequences of a conviction.- You need help gathering medical evidence, witness statements, or CCTV footage before it disappears.- You wish to negotiate a resolution, settlement, or penalty order that minimizes penalties and a criminal record.

Local Laws Overview

Key concepts and offenses under Swiss law relevant to situations commonly called assault and battery are:

- Serious bodily injury - This covers harm that seriously endangers life or causes long-term damage. Penalties can include significant prison sentences.- Simple bodily injury - This covers injuries that are not life-threatening but are more than trivial, such as bruises, cuts, or broken bones. Penalties range from monetary penalties calculated as day-fines to custodial sentences. In some circumstances it is prosecuted only if the victim files a complaint, while aggravating factors can trigger prosecution without a complaint.- Physical attack without injury - Often charged when there is a physical confrontation that causes no or only minimal harm. This is generally prosecuted only upon a victim’s complaint.- Threats and coercion - Even without physical contact, threatening serious harm or forcing someone to act can be criminal.

Complaint requirement and deadlines: Many less serious offenses are complaint-based. If an offense is complaint-based, the victim usually must file a criminal complaint within 3 months of learning the offender’s identity. Serious offenses are normally prosecuted by the authorities without a complaint. In domestic settings, repeated or severe conduct is often prosecuted without a complaint to protect victims.

Self-defense and necessity: You are not punishable if you act lawfully in self-defense against an unlawful attack, provided your response is proportionate. Excessive self-defense can still result in mitigation or liability depending on the degree of excess.

Aggravating and mitigating factors: Courts consider factors such as use of a weapon, acting as a group, attacking a public official, targeting vulnerable persons, the setting and motive, prior convictions, intoxication, and remorse or compensation to victims. These factors influence the type and severity of sanction and whether a sentence can be suspended.

Sanctions: Swiss law frequently uses monetary penalties based on day-fines, which reflect both the number of days and a daily rate tied to the offender’s financial situation. Other sanctions include suspended or unsuspended custodial sentences, community service in some cases, and fines. A conviction appears on your criminal record, with disclosure rules depending on the sanction and time elapsed.

Procedure in the canton of Solothurn: The Kantonspolizei Solothurn investigates under the direction of the Public Prosecutor’s Office. Many cases are concluded by a penalty order issued by the prosecutor if the facts are straightforward. Contested matters go to the first instance criminal court in the canton. Appeals are available on points of fact and law subject to deadlines. Victims have procedural rights, including to be heard, to request protective measures, and to join civil claims for compensation within the criminal case.

Civil protection: Independently of the criminal case, Swiss civil law allows protective orders in situations of violence, threats, or stalking. Courts can order the aggressor to stay away from the victim’s home or place of work, prohibit contact, or vacate a shared residence for a period. Violations can have criminal consequences.

Frequently Asked Questions

What should I do immediately after a physical altercation in Dornach?

Ensure safety, call the police if needed, and seek medical attention. Get medical reports and photos of any injuries as soon as possible. Write down what happened and the names and contact details of witnesses. If you are the victim of a complaint-based offense and want prosecution, remember the 3-month deadline to file a complaint.

Do I have to speak to the police if I am a suspect?

You have the right to remain silent and the right to consult a lawyer before and during questioning. You must confirm your identity, but you do not have to answer substantive questions without legal advice. Cooperate respectfully with lawful police instructions, but ask to speak with counsel.

Can the victim withdraw the complaint to end the case?

For complaint-based offenses, a valid withdrawal can end the criminal case. For offenses prosecuted without a complaint, withdrawal does not end the case. Domestic violence rules may limit withdrawals in some settings. A lawyer can assess whether your case is complaint-based and whether settlement is possible.

What evidence matters most in assault and battery cases?

Medical documentation, photos of injuries, witness statements, CCTV or mobile phone videos, 911 or 117 call records, location data, and contemporaneous messages can be crucial. Promptly preserve any footage and ask businesses near the scene to retain recordings. Keep clothing or objects that show damage.

What penalties could I face if convicted?

Penalties range from day-fines to suspended or unsuspended prison sentences. Serious bodily harm carries higher penalties. Aggravating factors such as weapons or group attacks increase exposure. First-time offenders in less serious cases often receive monetary penalties or suspended sentences, but outcomes depend on the facts and criminal history.

Will I get a criminal record and for how long?

Convictions are generally entered in the Swiss criminal register. What appears on extract certificates and for how long depends on the type and severity of the sanction and later conduct. Some entries expire after a period if you do not reoffend. Your lawyer can explain what will appear on a private or employer-requested extract.

What if both parties hit each other?

Mutual fighting does not cancel liability. Each person’s actions are assessed individually, including who initiated the violence, whether either person acted in self-defense, and the proportionality of any response. Both parties can face charges, or one can be exonerated if acting lawfully in self-defense.

How quickly must I file a complaint as a victim?

If the offense is complaint-based, you generally have 3 months from learning the identity of the offender to file a complaint with the police or prosecutor. Missing that deadline can bar prosecution. Serious cases are usually prosecuted without a complaint, but you should still report promptly to preserve evidence.

Are there immigration consequences for non-Swiss citizens?

Convictions for violent offenses can affect residence permits and may lead to migration measures. Serious violence can trigger expulsion orders. Even lesser convictions may harm permit renewals or naturalization prospects. Seek advice from a criminal defense lawyer and, if needed, an immigration lawyer.

Can I get a restraining order in Dornach?

Yes. Civil courts can issue protective measures such as no-contact orders, stay-away orders, or removal from a shared home. Police can also issue short-term orders under cantonal police law to secure immediate safety. Violating such orders can lead to criminal penalties.

Additional Resources

- Kantonspolizei Solothurn - for reporting incidents and emergency response. Police emergency 117, medical emergency 144.- Public Prosecutor’s Office of the Canton of Solothurn - directs investigations and prosecutes criminal cases.- Opferhilfe Solothurn - victim assistance under the Swiss Victim Assistance Act, offering confidential advice, emergency aid, financial support, and referrals.- Spital Dornach - for medical assessment and documentation of injuries, which can be important evidence.- KESB Dorneck-Thierstein - the Child and Adult Protection Authority for protective interventions where vulnerable persons are involved.- Dargebotene Hand 143 - emotional support hotline. For children and young people 147.- Local bar associations and legal advice centers in the canton of Solothurn - for referrals to defense and victim counsel.

Next Steps

1. Prioritize safety and medical care. If you are in danger, call 117 for the police or 144 for an ambulance. Obtain medical reports and photographs as soon as possible.

2. Preserve evidence. Save messages, photos, and videos. Identify and contact witnesses. Ask nearby businesses to preserve CCTV footage. Do not delete social media or phone data.

3. Seek legal advice early. If you are a suspect, contact a criminal defense lawyer before making a statement. If you are a victim, consult a lawyer or victim support service about your rights, protective orders, and compensation.

4. Respect deadlines. For complaint-based offenses, file a complaint within 3 months of learning the offender’s identity. Missing this window can end the case.

5. Avoid direct contact. If there is a dispute or investigation, avoid contacting the other party, especially if there may be a no-contact order. Communicate through counsel if necessary.

6. Consider civil protection. If you need a restraining order or exclusive use of a residence, ask a lawyer or victim support service to help you apply swiftly in civil court.

7. Plan for procedure. You may receive a penalty order or a summons to court. Keep all correspondence, attend required appointments, and follow legal advice on accepting or challenging decisions within the set time limits.

This guide provides general information only. For tailored advice about an incident in Dornach or elsewhere in the canton of Solothurn, consult a qualified Swiss lawyer as soon as possible.