Best Assault & Battery Lawyers in Dornach

About Assault & Battery Law in Dornach, Switzerland

In Switzerland, including in Dornach in the canton of Solothurn, what English speakers call assault and battery is governed by the Swiss Criminal Code. The law distinguishes between several forms of unlawful violence: simple bodily injury, serious bodily injury, negligent bodily injury, physical assault without injury, brawling, and group attacks. Threats and coercion are separate offenses. The terms commonly used are simple bodily injury for causing harm to health, serious bodily injury for grave or lasting harm, negligent bodily injury for careless harm, and physical assault for acts that cause pain or affront physical integrity without a medical injury. Violence involving several people can be charged as brawling or attack. Domestic violence and violence using weapons or dangerous objects are treated more strictly. Proceedings are run under the Swiss Criminal Procedure Code, and local policing is handled by the Kantonspolizei Solothurn. Courts and prosecutors in the canton apply federal law uniformly.

Why You May Need a Lawyer

You may need a lawyer if you have been accused of hitting, pushing, or otherwise harming someone, if you are a victim seeking protection and compensation, or if an incident escalated into a fight involving multiple people. Legal help is important if self-defense is an issue, if there are conflicting witness accounts, if injuries are medically documented, or if weapons or dangerous objects were involved. You should also seek counsel when police have questioned you, issued a summary penalty order, or searched your premises, and if you are not a Swiss citizen because criminal outcomes can affect residence permits. A lawyer helps you understand possible charges and penalties, asserts defenses like self-defense or consent in sports, negotiates with the prosecutor, protects your rights in police interviews, and prepares evidence and medical documentation to support your case or claim.

Local Laws Overview

Key offenses under the Swiss Criminal Code include serious bodily injury, simple bodily injury, negligent bodily injury, physical assault without injury, brawling, attack by multiple persons, threats, and coercion. Physical assault without injury and many cases of simple bodily injury are often prosecuted only if the victim files a criminal complaint within a short legal deadline, commonly three months from when the victim learns the offender's identity. More serious cases, cases with aggravating circumstances, and certain domestic violence situations can be prosecuted by the authorities without a complaint. Self-defense and necessity are recognized defenses if force was necessary and proportionate. Police in Solothurn can impose short-term protective measures in domestic violence situations and the civil court can order no-contact and exclusion orders. The criminal process typically involves a police investigation, a decision by the public prosecutor, and either a summary penalty order or a court hearing. Victims have rights under the Swiss Victim Support Act, including counseling and, in some cases, financial assistance. Victims can assert civil compensation claims within the criminal case. Language of proceedings in Dornach is German, with interpreters available when needed.

Frequently Asked Questions

What counts as assault or battery under Swiss law

Swiss law does not use the exact common law terms. Causing harm to health is bodily injury, with simple cases and serious cases distinguished by severity. Hitting or pushing that causes pain but no medical injury is punished as physical assault. Violence involving several participants can be charged as brawling or as an attack if several people assault one person. Threats and coercion are separate offenses.

Do I need to file a criminal complaint, and by when

Some offenses are prosecuted only if the victim files a complaint. This often includes physical assault without injury and many cases of simple bodily injury. The deadline is short, commonly three months from when the victim knows who the offender is. Serious cases or cases with special circumstances may proceed without a complaint. A local lawyer can confirm which rule applies to your situation.

What penalties can apply for assault type offenses

Penalties range from monetary penalties and fines to imprisonment for more serious harm. Courts also consider probation, community service like measures, and protective orders. The precise outcome depends on the severity of injuries, use of weapons or dangerous objects, whether there were prior convictions, whether minors were involved, and whether there was acting as a group.

What if I acted in self-defense

Self-defense is a complete defense if you faced an unlawful attack and your response was necessary and proportionate. Excessive self-defense can still reduce punishment. Evidence like witness accounts, surveillance footage, and injury patterns matter. Speak to a lawyer before making detailed statements so your account is properly presented.

How does a case proceed in Dornach

Police from Kantonspolizei Solothurn take reports and secure evidence. The public prosecutor leads the investigation and can issue a summary penalty order. You can object to such an order within a short deadline, which sends the case to the competent district court for a hearing. Serious cases go directly to court. Victims can join the case as private claimants and request compensation.

What evidence should I collect

Medical reports and photos of injuries, names and contacts of witnesses, messages or social media communications, location data, and any video recordings are key. Preserve clothing and objects involved. Victims should seek prompt medical care and ask for a forensic documentation of injuries. Defendants should avoid destroying any material and should consult counsel immediately.

Will I get a criminal record

Final convictions can be entered in the Swiss criminal register. How long an entry remains depends on the sentence. Entries can affect employment background checks and for non-citizens can affect residence status. Some minor penalties may not appear on standard extracts, but this is case dependent. A lawyer can explain potential record and disclosure consequences.

What if both sides were fighting

Mutual violence may lead to charges for brawling or individual bodily injury counts. Prosecutors assess who started the violence, who escalated it, and whether anyone acted in legitimate defense. Attempting to separate others and purely defensive actions can exclude liability. Clear witness statements and objective evidence are crucial.

Can I claim compensation as a victim

Yes. You can claim medical costs not covered by insurance, lost earnings, and moral damages for pain and suffering. You can bring these claims within the criminal case so the criminal court decides them, or you can sue in civil court. Victim support services can provide guidance and in some cases financial assistance.

I am not a Swiss citizen. Can an assault case affect my permit

Yes. Certain violent offenses can lead to immigration consequences, including permit withdrawal or expulsion orders depending on the severity and your status. Early legal advice is important to manage both criminal and migration risks, including mitigation steps and evidence of integration.

Additional Resources

Kantonspolizei Solothurn for emergencies and reporting crimes. Emergency police number 117. Ambulance 144. Emotional support hotline 143. Youth support 147. Public Prosecutor's Office of the Canton of Solothurn for criminal investigations and summary penalty orders. District Court for Dorneck-Thierstein for first instance criminal hearings. Cantonal victim support office in Solothurn under the Victim Support Act for free confidential counseling and assistance. Local domestic violence services and shelters in the canton for safety planning and protection. Medical providers and forensic services for injury documentation. Private criminal defense and victim counsel lawyers who practice in Solothurn and Basel regions and speak German and English.

Next Steps

If you are in immediate danger, call 117. Seek medical attention for any injuries and ask for detailed documentation. Preserve evidence such as photos, clothing, messages, and witness contacts. If you are a victim in an offense requiring a complaint, file your complaint promptly so you do not miss the legal deadline. Contact the cantonal victim support office for confidential help and practical support. If you are suspected or accused, do not make detailed statements before speaking with a lawyer, and do not contact the other party except through counsel. Arrange a consultation with a local criminal lawyer who practices in Solothurn. Bring any police paperwork, medical records, photos, and a timeline of events. Ask about defense strategy, possible outcomes, deadlines to challenge a summary penalty order, and options for protective orders or compensation. Follow legal advice on communication with police and prosecutors, comply with any interim protective measures, and keep your lawyer informed about any new developments.