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This guide explains how Spanish criminal law treats incidents commonly called assault and battery, and how that framework applies in San Isidro. In Spain the legal system does not always use the English labels "assault" and "battery" as separate crimes. Most physical attacks are processed under offences against physical integrity - lesiones - or under other related offences such as amenazas - threats - and coacciones - coercion. A single incident can give rise to both criminal proceedings and a separate civil claim for compensation. Procedures, victim protections and penalties are governed by national law - primarily the Penal Code and the criminal procedure rules - and are applied by local police, public prosecutors and courts serving San Isidro.
People need legal help in assault and battery matters for many reasons:
- As a victim: to ensure the incident is correctly reported, to secure immediate protections - such as restraining orders or emergency measures - to help gather evidence and to pursue criminal complaints and civil compensation.
- As a person accused: to protect your rights during police questioning, to prepare a defence, to negotiate with prosecutors, and to reduce the risk of arrest, pretrial detention or conviction.
- In domestic or gender violence cases: to navigate specialised procedures and additional protections that apply under Spain's laws on gender-based violence and family violence.
- For procedural complexity: to understand deadlines, appeal options, evidence rules and victim rights under the Ley de Enjuiciamiento Criminal and related law.
- To access public support: to request legal aid - asistencia jurídica gratuita - or to coordinate with victim support services and social services.
Key legal aspects that matter in San Isidro are determined by Spanish national legislation as applied locally:
- Applicable offences - Physical injury and unlawful aggression are prosecuted under the Penal Code as lesiones and related offences. Threats, coercion and sexual or gender-based violence are separate offences with specific rules and penalties.
- Severity and penalties - The seriousness of injuries and circumstances (use of weapon, repeat behaviour, victim vulnerability, domestic relationship) influence whether the conduct is punished as a less serious offence or as a serious crime carrying higher penalties, including imprisonment and fines.
- Procedures - Criminal investigations are typically initiated by filing a police complaint - denuncia - or a private complaint - querella. The Guardia Civil, Policía Nacional or local police will investigate depending on location and circumstances; the public prosecutor - Ministerio Fiscal - may take over prosecutions.
- Victim protections - Victims have rights to protection measures, information, legal assistance and to a copy of the investigative file. In gender violence cases there are expedited and specialised procedures and the possibility of immediate protective orders - órdenes de protección.
- Civil remedies - Separate from criminal prosecution, victims can claim civil compensation for medical costs, lost earnings, psychological harm and other damages. Courts can order compensation as part of criminal judgments or victims can bring separate civil claims.
- Access to legal aid - Persons who cannot afford a lawyer may be eligible for free legal representation through the Turno de Oficio and asistencia jurídica gratuita programs administered locally by the provincial Colegio de Abogados.
Spanish criminal law groups many physical attacks under the concept of lesiones - injuries - rather than using the separate common-law categories of assault and battery. A threatened attack may be prosecuted as amenazas, an actual harmful physical act as lesiones, and circumstances such as domestic or gender-based violence may trigger specific rules and penalties.
Prioritize your safety - move to a safe place and call emergency services if needed. Seek medical attention and ask for a medical report - parte de lesiones - as it is key evidence. Preserve evidence - photos, clothing, messages, witness names - and go to the local police station to file a complaint as soon as possible.
You can file a denuncia at any police station - Policía Local, Guardia Civil or Policía Nacional depending on locality - or with the courts. If you need urgent protection, inform the police so they can take immediate measures. You can also request help from victim support services.
Not always. Arrest depends on factors such as the severity of the offence, risk of flight, risk to the victim, presence of visible injuries, and evidence gathered at the scene. The police and prosecutor decide whether to arrest, detain for questioning, or refer the case to the courts without detention.
Victims can indicate they do not wish to press charges, but whether the case continues depends on the nature of the offence. Many serious offences are prosecuted by the public prosecutor and cannot be dropped solely because the victim withdraws. Speak with a lawyer or victim support service before deciding.
Special protections apply, including rapid court procedures, orders for protection or removal of the alleged aggressor from the home, and specialised criminal proceedings. There are also social and psychological support programmes. If the case is classified as gender-based violence - violencia de género - the law provides enhanced protections and procedural measures.
Medical reports, photographs of injuries, witness statements, video or audio recordings, messages or social media exchanges, and any physical evidence are all important. Keep thorough records of dates, times and communications and provide this to your lawyer and the police.
Yes. Compensation can cover medical expenses, lost income, psychological harm, and other damages. Compensation can be requested as part of the criminal process or through a separate civil claim. A lawyer can help calculate losses and pursue the claim.
Case length varies widely - from weeks for minor matters processed locally to many months or years for serious cases that go to trial and appeals. Delays can arise from investigatory needs, availability of witnesses, expert reports and court scheduling.
Look for a lawyer specialising in criminal law and, if relevant, in gender-based or domestic violence. Confirm they are registered with the local Colegio de Abogados. Ask about experience with similar cases, fees, whether they offer an initial consultation and whether they handle both criminal defence and civil compensation claims.
Useful local and national resources to contact or consult in San Isidro include:
- Emergency services - call the national emergency number 112 for immediate danger.
- Local police stations - Policía Local, Guardia Civil or Policía Nacional offices in your area for filing complaints and requesting protection.
- Public Prosecutor - Ministerio Fiscal, which prosecutes criminal cases and may provide victim information through its local offices.
- Courts - Juzgados de Guardia for urgent filings and Juzgados de Violencia sobre la Mujer in applicable cases for gender violence matters.
- Victim support offices - Oficina de Atención a las Víctimas del Delito (OAVD) and similar municipal or autonomous-community services provide information, psychological support and practical help.
- Legal aid - Turno de Oficio and Asistencia Jurídica Gratuita managed via the provincial Colegio de Abogados for people who meet eligibility requirements.
- Non-governmental organisations - local NGOs and social services that assist victims with shelter, counselling and legal guidance.
If you need legal assistance for an assault or battery matter in San Isidro follow these practical steps:
- Ensure safety - remove yourself from danger and, if needed, call 112.
- Get medical attention - obtain a medical report documenting injuries and treatment.
- Preserve evidence - keep photographs, clothing, messages and witness details, and write down everything you recall about the incident as soon as possible.
- Report the incident - go to the nearest police station to file a denuncia and request protection measures if you feel at risk.
- Seek legal help - contact a criminal law specialist or a lawyer experienced in gender or domestic violence if relevant. Ask about an initial consultation and the possibility of legal aid.
- Use victim services - contact local victim support offices for practical assistance, counselling and information about protective measures.
- Keep records - maintain copies of all medical reports, police reports, correspondence and invoices for damages or expenses related to the incident.
Disclaimer - This guide provides general information about legal processes in Spain and in San Isidro. It does not constitute legal advice. For advice tailored to your situation contact a qualified lawyer in your area.
