Best Assault & Battery Lawyers in Kitzingen

About Assault & Battery Law in Kitzingen, Germany

In Germany the common law term assault and battery is not used. Instead, incidents that involve hitting, kicking, pushing, or otherwise harming another person are addressed under bodily harm offences in the German Criminal Code, the Strafgesetzbuch. Typical provisions include simple bodily harm, dangerous bodily harm, serious bodily harm, bodily harm resulting in death, and negligent bodily harm. Threats and coercion can also be relevant where no physical injury occurred. Kitzingen is in the Free State of Bavaria, so your case will be investigated by Bavarian police and prosecuted by the public prosecutor with hearings typically held at the local court in Kitzingen or the regional court in Würzburg depending on the severity of the case.

Whether you are a victim seeking protection and compensation or you are accused and need a defense strategy, it is important to understand that criminal and civil aspects often run in parallel. Victims can ask the criminal court to award damages, seek a civil protection order, and apply for state compensation. Accused persons must navigate police questioning, charging decisions, and potential court proceedings that can affect freedom, employment, and immigration status.

Why You May Need a Lawyer

You may need a lawyer if you have been attacked and want to report the crime, obtain a no contact or stay away order, and claim compensation for medical costs and pain and suffering. A lawyer can help you document injuries, preserve evidence, coordinate with police, and represent you as a private accessory prosecutor in court.

You may also need a lawyer if you are accused of hitting or injuring someone, even if you believe you acted in self defense or the incident happened during a heated argument, a bar fight, a sports match, or a domestic dispute. Early legal advice is vital before making any statement to police, to evaluate self defense, consent in sports, identification issues, and whether a settlement or offender victim mediation could help mitigate consequences.

Legal support is especially important if weapons or dangerous objects are alleged, if minors are involved, if alcohol or drugs played a role, if you have prior convictions, if there is a risk of pre trial detention, or if you are a foreign national whose residence status may be affected by a conviction.

Local Laws Overview

Key criminal offences. Simple bodily harm under Section 223 StGB covers any non trivial physical pain or health impairment and is punishable by a fine or imprisonment up to 5 years. Dangerous bodily harm under Section 224 StGB applies where a weapon or dangerous tool is used, where the attack is by multiple persons together, or in other aggravating circumstances. It carries 6 months to 10 years of imprisonment, with lower ranges for less serious cases. Serious bodily harm under Section 226 StGB, such as loss of sight or limb, carries 1 to 10 years. Bodily harm resulting in death under Section 227 StGB carries 3 to 15 years. Negligent bodily harm under Section 229 StGB carries a fine or up to 3 years. Threats under Section 241 StGB and coercion under Section 240 StGB may apply even if no injury occurred. Participation in a brawl under Section 231 StGB can be punishable if someone is seriously injured or killed in the course of the fight.

Complaint requirement. For simple bodily harm and certain related minor offences, prosecution often requires a timely victim complaint under Section 230 StGB unless there is a special public interest. The general deadline is 3 months from when the victim learns who the offender is. More serious forms of bodily harm are prosecuted ex officio without a complaint.

Defenses and justifications. Self defense under Section 32 StGB is a complete defense when there is a present unlawful attack and the defensive act is necessary. Excessive defense may be excused in narrow situations under Section 33. Necessity under Section 34 may apply in emergencies. Consent under Section 228 can legalize bodily contact in contexts like sports or medical treatment, but only within the accepted rules and risks of the activity.

Domestic violence and protection. Victims can seek civil protection orders under the Protection Against Violence Act, the Gewaltschutzgesetz, through the local court in Kitzingen. The Bavarian Police Tasks Act allows police to order an immediate eviction of an alleged aggressor from the shared home and impose a temporary return ban to prevent further harm.

Procedure in Kitzingen. Cases usually begin with a criminal report to the police. The Police Inspectorate in Kitzingen investigates under the direction of the Public Prosecutor in Würzburg. Depending on the evidence and seriousness, the prosecutor may close the case, issue a penalty order for less severe cases, or file charges leading to a hearing before the local court or the regional court. Defendants have the right to remain silent and to consult counsel at all stages.

Victim rights and support. Victims may join criminal proceedings as accessory prosecutors, apply for a court appointed psychosocial trial supporter, claim damages and pain and suffering either in a civil suit or within the criminal case using the adhesion procedure, and apply for state compensation under the Social Compensation Law in place of the former Victim Compensation Act. The offender victim mediation process can be used where appropriate and may mitigate sentencing.

Juvenile cases. When suspects are under 18, or in some cases under 21, the Juvenile Courts Act applies. The focus is on education and development, with measures ranging from educational tasks to youth detention depending on guilt and maturity.

Limitation periods. As a rule of thumb, simple bodily harm is time barred after 5 years, dangerous and serious bodily harm after 10 years, and bodily harm resulting in death after 20 years. Precise deadlines depend on the maximum penalty prescribed by law and can be interrupted by investigative steps.

Records and consequences. Convictions are recorded in the Federal Central Register and may appear on a background certificate depending on the sentence and elapsed time. Even fines can have employment and immigration implications. A lawyer can assess potential record entries and later deletion periods.

Frequently Asked Questions

What counts as bodily harm in Germany

Any non trivial physical pain or health impairment can qualify, including bruises, cuts, a sprain, a concussion, or the transmission of disease. It is not limited to severe injuries. Even a slap or forceful shove can qualify if it causes pain or health effects. Spiking a drink or applying irritant spray can also be bodily harm.

Is there a difference between assault and battery like in other countries

German law does not use that split. Physical attacks fall under bodily harm offences. If you threatened someone with a crime or forced them to act through violence or threats, offences like threat or coercion may apply even without physical injury.

Do I need to file a complaint, and what is the deadline

For simple bodily harm and some related lesser offences, prosecution typically requires a victim complaint filed within 3 months from when you learned the identity of the offender. More serious forms, such as dangerous or serious bodily harm, are prosecuted by the state without a complaint. If in doubt, report to police quickly so deadlines are preserved.

What happens after I report an assault in Kitzingen

The police will record your statement, secure evidence such as medical reports, photos, and messages, and identify witnesses. The Public Prosecutor in Würzburg directs the investigation. You may be asked to undergo a medical examination. If sufficient evidence exists, the prosecutor issues a penalty order or files charges. You can request to be informed of outcomes and assert victim rights, including damages.

Can I claim self defense if I was attacked first

Yes. Self defense is a complete defense if there is a present unlawful attack and your response is necessary to stop it. The law does not require you to flee if effective defense is possible, but your response must not be clearly excessive. Evidence such as injuries, CCTV, and witness statements is important to support a self defense claim.

What penalties could I face for a first time simple bodily harm

Outcomes range from a fine to a suspended sentence, depending on injury severity, prior record, remorse, settlement with the victim, and whether offender victim mediation occurred. Dangerous bodily harm, for example using a bottle or knife, carries significantly higher penalties including possible imprisonment without suspension.

How can a victim get compensation for medical costs and pain and suffering

You can claim damages and pain and suffering directly in the criminal case using the adhesion procedure or file a separate civil claim. You may also be eligible for state compensation under the Social Compensation Law for violent acts. Keep medical certificates, invoices, and documentation of missed work to support your claims.

What if both sides were fighting

If multiple people participate in a brawl or an attack by several persons occurs, special provisions can apply and culpability is assessed individually. Mutual consent to a fight does not automatically exclude criminal liability, and serious outcomes can aggravate penalties. A lawyer can evaluate whether consent, self defense, or de escalation attempts affect your case.

I am a foreign national. Can an assault conviction affect my residence permit

Yes. Certain convictions, especially those with significant fines or imprisonment, can impact residence renewals, naturalization, and visa applications. Early legal advice is crucial to evaluate immigration risks and to seek outcomes that minimize collateral consequences.

Should I talk to the police if I am accused

You have the right to remain silent and to consult a lawyer before any statement. Provide identification details when required, but do not discuss facts without legal advice. Statements made early can be hard to correct later and may harm viable defenses such as self defense or mistaken identity.

Additional Resources

Police Inspectorate Kitzingen for reporting and emergency response. Call 110 in emergencies.

Public Prosecutor in Würzburg for prosecution matters related to the Kitzingen region.

Local Court Kitzingen and Regional Court Würzburg for criminal hearings, civil protection orders under the Protection Against Violence Act, and adhesion procedures.

Weisser Ring victim support organization for guidance, accompaniment, and practical help after violent crime.

Women shelter and counseling services in the Würzburg and Kitzingen region for domestic violence protection and safety planning.

Youth Welfare Office of the District of Kitzingen for cases involving minors and family support.

Center Bavaria Family and Social Affairs, regional office Unterfranken, for applications under the Social Compensation Law after violent crime.

Institute of Legal Medicine in Würzburg for independent forensic documentation of injuries, which can be done even if you are not ready to file a report immediately.

Bavarian psychosocial trial support services for victims who need structured support throughout criminal proceedings.

Licensed criminal defense and victim rights lawyers in Kitzingen and Würzburg experienced in bodily harm cases.

Next Steps

If you are a victim, get to safety and call 110 if there is immediate danger. Seek medical attention as soon as possible and ask for a detailed medical certificate of injuries. Take photos of injuries and damaged property, save messages and call logs, and note names of any witnesses. Report the incident promptly to the police. Consider applying for a civil protection order through the local court if you fear further contact. Consult a lawyer to coordinate your criminal report, protection measures, and compensation claims, and ask about psychosocial trial support and state compensation options. Keep a diary of symptoms, treatments, and costs to support your damages claim.

If you are accused, do not contact the complainant and avoid discussing the incident on social media. Exercise your right to remain silent until you have spoken with a lawyer. Share any exculpatory evidence with your lawyer, such as witness names, messages, or video. Follow any police or court orders, including stay away instructions. Ask your lawyer about the possibility of offender victim mediation, settlement, or conditions that may help reduce penalties. Be mindful of deadlines, for example objecting to a penalty order within 2 weeks or filing a complaint within 3 months when you are the victim in a cross complaint situation.

In all cases, early legal advice in Kitzingen can help you protect your rights, avoid procedural pitfalls, and choose the best strategy for your situation.