Best Assault & Battery Lawyers in Neubrandenburg

About Assault & Battery Law in Neubrandenburg, Germany

Assault and battery, known in German law as "Körperverletzung" (bodily harm), are considered criminal offenses under the German Criminal Code (Strafgesetzbuch, StGB). In Neubrandenburg, as part of the federal state of Mecklenburg-Vorpommern, these cases are handled according to national German law, with local police and courts responsible for enforcement and prosecution. The law distinguishes between different degrees of bodily harm, ranging from minor to severe, and includes both physical injuries and threats of immediate physical violence.

Why You May Need a Lawyer

If you are involved in an incident related to assault and battery—either as a victim, alleged perpetrator, or witness—it is usually advisable to seek legal counsel. Common situations where legal advice is needed include:

• Being accused or charged with assault or battery
• Being the victim of physical violence or threats
• Receiving a court summons or police inquiry regarding an incident
• Facing claims for compensation, damages, or restraining orders
• Negotiating settlements or participating in mediation
• Having questions about criminal records or long-term legal consequences

A lawyer can explain your rights, represent you in court or with authorities, negotiate on your behalf, and help you navigate the legal process effectively.

Local Laws Overview

In Neubrandenburg, assault and battery are primarily regulated by Sections 223 to 231 of the German Criminal Code (StGB). The main legal points include:

• Bodily Harm (Section 223 StGB): Deliberately causing harm to another person’s body or health is punishable by up to five years in prison or a fine.
• Aggravated Assault (Section 224 StGB): Use of weapons, dangerous tools, or acting as a group can increase the penalties.
• Severe Bodily Harm (Section 226 StGB): Inflicting permanent harm, disability, or risking a person’s life carries harsher sentences.
• Attempted Offenses: Trying but failing to cause harm can still be a punishable offense.
• Mutual Physical Altercations: In fights where both parties are active participants, both may be investigated and prosecuted.
• Reporting and Prosecution: Some minor assault cases require the victim to file a complaint to initiate prosecution (“Antragsdelikt”). Serious cases are prosecuted ex officio by the authorities.
• Juvenile Law: If minors are involved, special rules under the Juvenile Court Act may apply.

The specifics of each case depend on the incident details, whether there were injuries, intent, use of objects, involvement of minors, and prior convictions.

Frequently Asked Questions

What actions are considered assault or battery in Neubrandenburg?

Any act that physically injures another person or damages their health, including hitting, kicking, or using objects as weapons, is considered bodily harm ("Körperverletzung") under German law.

Does the victim always need to press charges?

For minor injuries, prosecution usually requires a victim’s complaint. For more serious cases, prosecution occurs automatically by the authorities.

What are the possible penalties if convicted of assault?

Penalties range from fines to imprisonment, depending on the severity. Simple bodily harm can result in up to five years, aggravated assault in up to ten years, or more in severe cases.

Can both parties be charged if a fight breaks out?

Yes, German law allows both participants in a mutual altercation to be investigated and possibly charged, depending on the circumstances.

Are threats without physical violence also punishable?

Yes, making credible threats of violence can also be a criminal offense, even if no actual harm occurs.

How do I report an assault in Neubrandenburg?

You can report to the local police station in Neubrandenburg or call the emergency number (110). You may also make a statement at the state prosecution office.

What should I do if I’m accused of assault?

Seek legal representation immediately before making any statements to police or authorities. Exercise your right to remain silent until you speak with a lawyer.

Will a conviction appear on my criminal record?

Yes, most assault convictions are entered into your criminal record and may affect employment or international travel for a period depending on the severity.

Can I claim compensation as a victim?

Victims can pursue compensation for physical and emotional harm through both criminal proceedings (as a joint plaintiff) and separate civil actions.

Are there special rules for cases involving minors?

Yes, cases with individuals under 18 are handled under juvenile law, focusing more on education and rehabilitation than punishment.

Additional Resources

The following organizations and institutions can provide support or information if you are dealing with an assault and battery case in Neubrandenburg:

• Local Police (Polizeiinspektion Neubrandenburg): For reporting crimes or urgent help.
• State Prosecution Service (Staatsanwaltschaft Neubrandenburg): Handles legal prosecution of criminal cases.
• Victim Support Groups (Opferschutzverbände): Such as Weißer Ring e.V., offering support for crime victims.
• Local Legal Aid Services: Access to legal advice for low-income individuals.
• Bar Association (Rechtsanwaltskammer Mecklenburg-Vorpommern): For finding registered lawyers specializing in criminal law.
• Youth Welfare Offices (Jugendamt): For cases involving minors.

Next Steps

If you are facing an assault and battery issue in Neubrandenburg, consider the following steps:

1. Seek Immediate Safety: In urgent situations, contact the police (emergency number 110) or seek medical help.
2. Document Everything: If possible, record injuries, keep medical reports, and gather witnesses’ details.
3. Consult a Lawyer: Find a local lawyer specializing in criminal law to discuss the details of your case. A lawyer can guide you regarding your rights, possible outcomes, and strategies.
4. Follow Legal Procedures: Attend all necessary appointments or hearings and follow your lawyer’s advice closely.
5. Reach Out for Support: Utilize local victim support services or advice centers for emotional and practical help.

Assault and battery cases are complex and can have serious consequences. Professional legal advice is strongly recommended to protect your rights and achieve the best possible outcome.