Best Assault & Battery Lawyers in Goslar

About Assault & Battery Law in Goslar, Germany

Assault and battery in Germany is primarily regulated by the criminal code - Strafgesetzbuch (StGB) - under the heading 'Körperverletzung' and related offences. In practice the terms assault and battery cover a range of behaviours from minor physical contact to attacks that cause serious injury or permanent harm. Prosecution is handled by the public prosecutor's office - Staatsanwaltschaft - and most cases start with a report to the police. Penalties can range from fines to imprisonment depending on the severity of the act and the presence of aggravating factors such as use of a weapon, serious injury, or repeat offending. Victims can also pursue civil claims for damages and pain-and-suffering compensation in parallel with or separate from criminal proceedings.

Why You May Need a Lawyer

You may need a lawyer if you are a victim or a suspect in an assault or battery case in Goslar. Common situations where legal help is useful include:

- After a serious physical injury or where medical evidence will be important - to ensure documentation is done correctly and preserved.

- If the police want to question you as a suspect - to protect your rights and advise on responses.

- When you want to file a criminal complaint and consider joining as a civil claimant - a lawyer can draft submissions and represent you before the court.

- To seek a restraining order or other protective measures under the Gewaltschutzgesetz - legal assistance helps prepare applications and present evidence.

- Where evidence is disputed, witnesses must be interviewed, or the case is complex and likely to go to trial - defence counsel or victim counsel provides strategy and representation.

- If you need to claim compensation - a lawyer can calculate damages, negotiate with insurers or the perpetrator, and bring civil proceedings if necessary.

Local Laws Overview

Key legal instruments and processes relevant in Goslar include:

- Criminal law - StGB: Simple bodily harm is covered by the provisions on Körperverletzung. More serious variants include dangerous bodily harm and severe bodily harm, with higher penalties where weapons or serious injury are involved.

- Criminal procedure - StPO: Police investigations are administered by the Polizei and prosecution decisions are made by the Staatsanwaltschaft. Cases of lesser severity are usually heard at the local Amtsgericht, while more serious offences proceed to the Landgericht level.

- Protection orders - Gewaltschutzgesetz: Victims of domestic or intimate-partner violence can apply for court-ordered restraining conditions to keep an aggressor away from them or their home.

- Civil claims - BGB and general civil procedure: Victims can seek Schadensersatz (compensation for material losses) and Schmerzensgeld (compensation for pain and suffering) through civil court actions or negotiated settlements.

- Victim support and compensation: Various state and non-governmental victim support services operate in Lower Saxony. There are also statutory schemes for victim compensation in certain circumstances. Legal aid - Beratungshilfe and Prozesskostenhilfe - can help with the costs of legal advice and court cases where the claimant qualifies.

- Local authorities: Police and courts in Goslar follow the law of the State of Lower Saxony - Niedersachsen - and federal law. For immediate threats dial the emergency number 110. For non-emergencies contact the local police station to make a report and obtain information on next steps.

Frequently Asked Questions

What exactly counts as assault or battery under German law?

Under German law assault and battery are generally covered by the offence of bodily injury - Körperverletzung. This includes any unlawful act that causes physical harm or pain to another person. The law distinguishes simple bodily harm from aggravated forms - for example, if a weapon is used or the attack causes severe or permanent injury. Whether a particular act is criminal depends on the facts and intent, so individual cases should be reviewed by police and, if necessary, a lawyer.

What should I do immediately after I have been assaulted?

First, ensure your immediate safety - move to a safe place and call emergency services if you are in danger. Seek medical attention even if injuries seem minor - medical records are important evidence. Report the incident to the police as soon as possible and keep copies of any medical reports, photos of injuries, damaged clothing, and witness names. Avoid disposing of evidence and write down your own recollection of events while they are fresh.

How do I file a criminal complaint in Goslar?

You can file a criminal complaint - Strafanzeige - at any police station, including the local police station in Goslar. You may also submit a written complaint to the public prosecutor's office. The police will take a statement, document injuries and evidence, and forward the file to the Staatsanwaltschaft, which decides whether to pursue formal charges. A lawyer can help prepare and support your complaint and request that certain investigative steps be taken.

Will the police always arrest the attacker?

Arrest depends on the circumstances. Police have powers to detain suspects in flagrante delicto or where there is an immediate risk to public safety. For other cases the Staatsanwaltschaft may decide to press charges without immediate arrest. Even if no arrest happens on the spot, the prosecutor can seek custody or issue charges later. If you are concerned about safety you should tell the police and seek protective measures through the courts or local victim support services.

Can I press charges myself or does the state prosecute?

Criminal prosecution in Germany is carried out by the state - the Staatsanwaltschaft. However, as a victim you initiate the criminal process by filing a complaint with the police or prosecutor. You may be able to influence proceedings by providing evidence, witness statements, and by asserting civil claims. In some serious cases victims can join the prosecution as a Nebenkläger - an auxiliary prosecutor - which gives additional rights in the proceedings. A lawyer can advise whether Nebenklage is appropriate in your case.

Can I claim compensation for my injuries?

Yes, you can pursue civil compensation for physical and psychological injuries, lost earnings, medical costs, and pain-and-suffering compensation - Schmerzensgeld. Compensation can be sought in civil court or through a settlement with the perpetrator or their insurer. Remember to keep medical records, bills, and evidence of financial loss. Legal aid is available in some situations if you cannot afford a lawyer.

Do I need a lawyer if I am accused of assault?

If you are accused you should seek legal advice immediately. A lawyer protects your rights during police questioning, represents you in court, and helps gather evidence or witnesses to support your defence. In more serious cases a court may appoint a defence counsel if you cannot afford one or if the case requires a compulsory defence. Early legal contact helps reduce the risk of self-incriminating statements and ensures proper handling of the case.

How long do assault cases typically take to resolve?

There is no set timetable. Some minor cases are resolved quickly through fines or diversion by the prosecutor. More serious cases may involve lengthy investigations, expert reports, and trials that can take months or longer. Civil claims for compensation may proceed separately and can also take time to resolve. Prompt action to preserve evidence and obtain legal advice can help move your case along more efficiently.

Can I obtain a restraining order to keep the aggressor away?

Yes. Under the Protection against Violence Act - Gewaltschutzgesetz - victims can apply to the court for orders that prohibit the aggressor from entering the home, contacting the victim, or approaching certain places. In urgent situations the police can assist and the court can grant measures quickly. A lawyer or victim support organisation can help with preparing an application and presenting the necessary evidence.

How do I find a qualified lawyer in Goslar and what will it cost?

Look for lawyers who specialise in criminal law - Strafrecht - or personal injury and victim representation. You can consult the local bar association for referrals and check law firm profiles for experience with assault cases. Initial consultations are often available under the Beratungshilfe system for people with limited means, and court costs can be covered by Prozesskostenhilfe in qualifying cases. Costs vary depending on the complexity of the case - your lawyer should provide a clear fee estimate and explain options for legal aid.

Additional Resources

Helpful organisations and authorities for people in Goslar include:

- Local police - for reporting crimes and immediate protection.

- Public prosecutor's office - Staatsanwaltschaft - for information about prosecution and case status.

- Amtsgericht Goslar - local court for many criminal hearings and civil protection order applications.

- Victim support organisations such as Weisser Ring and regional victim assistance services in Lower Saxony - for emotional support, practical help, and information about compensation.

- Local counselling centres and women's shelters - for victims of domestic or intimate-partner violence.

- Rechtsanwaltskammer - the regional bar association - for help finding a qualified lawyer.

- Legal aid offices - Beratungshilfe and Prozesskostenhilfe - to assess entitlement to subsidised legal advice and court costs.

Next Steps

If you need legal assistance for an assault or battery matter in Goslar follow these practical steps:

- Ensure safety and call emergency services in immediate danger - 110.

- Seek medical treatment and obtain copies of medical records and injury documentation.

- Report the incident to the police as soon as possible and request a copy of the report or a reference number.

- Preserve evidence - photographs, clothing, messages, and witness contact details - and write a contemporaneous account of events.

- Contact a lawyer experienced in criminal law or victim representation for advice on filing complaints, joining proceedings, seeking protection orders, and pursuing civil claims.

- Contact victim support services for emotional support, practical assistance, and guidance about compensation and protective measures.

- Ask about legal aid options if you have limited resources - initial consultations and court costs can sometimes be subsidised.

- Keep a clear record of all communications with police, prosecutors, medical providers and insurers - this helps your legal team manage the case efficiently.

Getting the right advice early helps protect your rights, improves the chances of preserving important evidence, and gives you access to remedies and protection tailored to your situation. If you are unsure where to start, contact the local police station or a victim support organisation for immediate guidance and then arrange legal advice for more detailed steps.