Best Assault & Battery Lawyers in San Justo

About Assault & Battery Law in San Justo, Argentina

This guide explains how Argentine criminal law treats assault and battery and what you can expect in San Justo - the cabecera of La Matanza Partido in Buenos Aires Province. In Argentina the common legal concepts closest to "assault" and "battery" are reflected in provisions on threats, injuries and aggressive conduct. Criminal liability depends on whether the harm was intentional or negligent, the severity of the injury, the use of weapons, and whether the conduct occurred in a domestic or gender-based context.

Cases involving family members or intimate partners can be processed under special protective rules designed to prevent repeated violence. Criminal prosecutions are usually conducted by the public prosecutor - not by individual victims - although victims play a central role as complainants and witnesses. Both victims and people accused of wrongdoing should seek legal advice promptly to protect rights and evidence.

Why You May Need a Lawyer

A lawyer helps whether you are a victim seeking protection and compensation or a person accused of committing an assault. Common reasons to hire a lawyer include:

- To file a complaint correctly and make sure evidence and medical reports are preserved.

- To request and enforce protective measures such as restraining orders or emergency custody changes when domestic violence is involved.

- To represent you in hearings before the fiscalia, judge or police and to advise on interactions with investigators.

- To challenge or support claims about intent, severity of injuries and legal defenses such as legitimate defense.

- To prepare civil claims for compensation for medical costs, lost wages and pain and suffering that may follow a criminal case.

- To negotiate alternatives where applicable, for example pretrial diversion, reparative measures or settlements in civil matters.

Local Laws Overview

Key legal aspects that are particularly relevant in San Justo include the following:

- Criminal classifications: Physical injury claims in Argentina are usually prosecuted as "lesiones" when someone causes bodily harm. Lesiones can be simple or aggravated depending on the consequences and aggravating circumstances - for example the use of a weapon, intent to cause permanent disability, or harm to a particularly vulnerable person.

- Intent and negligence: The distinction between intentional acts and negligent acts matters for charges and penalties. Intentional harm carries harsher sanctions than negligent conduct that accidentally causes injury.

- Domestic and gender-based violence: National Law 26.485 and provincial rules provide special protective mechanisms for victims of domestic and gender-based violence. These mechanisms include immediate protective orders, specialized units in police stations and fiscals focused on family violence, and measures to secure rapid response and protection.

- Procedural actors: Criminal proceedings typically begin with a police report or a complaint at the fiscalia - the public prosecutor's office. The prosecutor conducts a preliminary investigation and decides whether there is sufficient basis to bring charges before a judge.

- Evidence and medical reports: A medico-legal certificate or "certificado de lesiones" is often decisive. Hospitals and forensic medical examiners document injuries and estimate incapacity for work, which prosecutors and judges use to classify the seriousness of the offense.

- Precautionary measures and detention: Depending on the facts, authorities may order precautionary measures such as prohibitions on approaching the victim, removing the accused from the shared home, or, in more serious cases, detention pending trial. Courts may also authorize bail or alternative measures.

- Civil remedies: Even if the criminal process is public, victims can bring civil claims for damages and request reimbursement for medical expenses, lost income and moral damages.

- Self-defense: The law recognizes legitimate defense within defined limits. Whether an act qualifies depends on proportionality, necessity and immediacy of the threat.

Frequently Asked Questions

What counts as assault and battery under Argentine law?

There is no literal translation of "assault and battery" in Argentine criminal law but the conduct is usually charged as "lesiones" for physical injury and "amenazas" for threats. The charge depends on the nature of the act, the presence of bodily harm and whether the act was intentional. Aggravating facts - such as use of weapons, causing permanent disability, or attacking a vulnerable person - increase the seriousness of the offense.

What should I do immediately after being assaulted?

Prioritize your safety. Get to a safe place and call emergency services if you are in danger. Seek medical attention and request a medico-legal certificate that documents injuries. Preserve evidence - photographs of injuries, torn clothing, messages, and witness names. File a police report or a complaint at the fiscalia as soon as possible and consider contacting a lawyer or local victim support services.

How do I file a criminal complaint in San Justo?

You can present a complaint at the local police station or directly at the fiscalia - the public prosecutor's office. The prosecutor opens an investigation and may order medical examinations and collect evidence. If police respond at the scene and there is an ongoing danger, they may take immediate measures. A lawyer can help ensure the complaint is correctly recorded and that protective measures are sought.

Will the police automatically arrest the alleged attacker?

Not always. Whether police arrest depends on the seriousness of the conduct, immediate danger, available evidence and prosecutorial guidelines. In clear cases of ongoing danger or severe injury, police are more likely to detain the suspect. Many cases are investigated without pretrial detention and decisions about arrest or release can be reviewed by a judge.

What kind of evidence is important in assault cases?

Important evidence includes the medico-legal certificate, photos of injuries, medical bills, witness statements, security camera footage, text messages or calls, and any prior complaints or records of similar behavior. Keep originals when possible and provide copies to your lawyer and investigator.

Can I get protection if I am a domestic violence victim?

Yes. Under national and provincial rules you can request protective measures such as orders prohibiting the aggressor from approaching you, removing the aggressor from the family home, or temporary custody measures when children are involved. These measures can be requested at the police station, fiscalia or through a judge and are often implemented quickly in urgent cases.

Can I withdraw the complaint once it is filed?

For many crimes the criminal action is public and the decision to prosecute rests with the fiscalia, so a victim cannot unilaterally stop prosecution. In some cases, especially minor matters or when the prosecutor has discretion, the victim's willingness to reconcile or sign a public statement can influence the course of the case. Consult a lawyer to understand the consequences of withdrawing cooperation or seeking reconciliation.

What defenses might apply if I am accused of assault?

Typical defenses include lack of intent, self-defense or legitimate defense, provocation, mistaken identity, or absence of causation between the accused conduct and the injury. Procedural defenses based on illegal searches or violations of rights may also affect evidence. A criminal defense lawyer will assess the facts and advise on the best strategy.

Can I pursue civil damages in addition to criminal charges?

Yes. Victims can bring a civil claim for compensation for medical expenses, lost wages, and moral damages. Civil claims can be pursued separately from the criminal process or as complementary proceedings. Evidence gathered in the criminal investigation is often useful for the civil case.

How long does an assault case take and what outcomes can I expect?

Timing varies widely. A preliminary investigation may take weeks to months. If charges are filed, the case can proceed to trial or be resolved with alternative measures, plea agreements or dismissal. Outcomes range from acquittal to convictions with penalties including fines, imprisonment, restraining orders and obligations to pay compensation. The complexity of the facts, backlog in the courts and whether the accused is in custody all influence duration.

Additional Resources

Useful local and national resources to contact or consult include:

- Emergency services - dial 911 for urgent danger.

- Local police station in San Justo and the fiscalia or Ministerio Publico Fiscal for La Matanza for filing complaints and asking about the status of investigations.

- Public defender's office or private criminal defense lawyers if you are accused and cannot afford counsel.

- Colegio de Abogados local - for lawyer referrals in La Matanza and San Justo.

- National support lines and services for victims of gender-based violence - Línea 144 provides information and assistance.

- Hospitals and forensic medical services for medico-legal certificates.

- Local shelters and non governmental organizations that assist victims of domestic and family violence for shelter, counseling and social support.

- University legal clinics and legal aid providers that may offer advice or representation at low or no cost.

Next Steps

If you need legal help with an assault or battery matter in San Justo follow these practical steps:

- Ensure immediate safety. If you are in danger call emergency services - 911 - and go to a safe place.

- Obtain medical attention and request a medico-legal certificate that documents your injuries and any incapacity for work.

- Preserve and document evidence - photos, messages, witnesses and damaged property - and keep copies.

- File a complaint at the police station or at the fiscalia. Ask for written confirmation that your complaint was recorded.

- Contact a lawyer experienced in criminal and family violence matters. If you cannot afford one, contact the public defender or local bar association for referrals.

- Ask the prosecutor or judge for protective measures if you fear continued contact or violence.

- Keep detailed records of all interactions with authorities, medical providers and the other party. Do not contact the alleged aggressor without legal advice.

- Consider civil remedies for compensation and seek support from victim services for emotional and social assistance.

Every case is different. This guide provides general information and does not replace personalized legal advice. For case-specific guidance consult a qualified lawyer in San Justo as soon as possible.