Best Assault & Battery Lawyers in Stade

About Assault & Battery Law in Stade, Germany

In Germany, what many English speakers call assault and battery is handled under the criminal offense of bodily harm - in German, Körperverletzung. The core rule is section 223 of the German Criminal Code - Strafgesetzbuch, StGB - which penalizes anyone who intentionally inflicts physical pain or impairs another person’s health. There are aggravated forms such as dangerous bodily harm - section 224 StGB - grievous bodily harm - section 226 StGB - bodily harm resulting in death - section 227 StGB - and negligent bodily harm - section 229 StGB. Related offenses like threats, coercion, insult, and property damage may also arise from the same incident.

Self-defense - Notwehr under section 32 StGB - can justify an otherwise unlawful act if it was necessary to repel a present unlawful attack. Whether an action is punishable will depend on the facts, including intent, the severity of injury, weapons used, and whether the force used was necessary and proportionate.

Stade follows federal criminal law and criminal procedure. Local police in the district of Stade investigate, the Staatsanwaltschaft Stade prosecutes, and cases are heard before the Amtsgericht Stade or the Landgericht Stade depending on the severity.

Why You May Need a Lawyer

Legal help is advisable whenever an incident could lead to criminal charges, civil claims, or protection orders. Common situations include bar or street altercations, domestic disputes, schoolyard or sports injuries, road rage, scuffles at events, and incidents involving pushing, shoving, or spitting. Even minor injuries can have legal consequences in Germany.

If you are a suspect or accused person, a lawyer can protect your right to remain silent, accompany you to police questioning, evaluate self-defense, challenge the evidence, and seek outcomes like case dismissal for minor offenses - sections 153 and 153a StPO - or diversion programs. If pre-trial detention is an issue, counsel can contest it and argue for alternatives.

If you are a victim, a lawyer can help you file a timely criminal complaint, apply for restraining and contact bans under the Protection Against Violence Act - Gewaltschutzgesetz, pursue compensation for pain and suffering and medical costs, secure evidence early, and guide you through victim support services and offender-victim mediation - Täter-Opfer-Ausgleich.

Local Laws Overview

Key criminal offenses: Simple bodily harm - section 223 StGB - covers intentional physical mistreatment or health impairment. Dangerous bodily harm - section 224 StGB - applies when weapons or dangerous tools are used, when attacking jointly with others, or by methods dangerous to life. Grievous bodily harm - section 226 StGB - addresses severe consequences like loss of sight, hearing, or a limb, or permanent disfigurement. Negligent bodily harm - section 229 StGB - covers carelessness leading to injury. A violent attack on police or emergency workers is punishable under section 114 StGB.

Complaint requirement: Simple bodily harm often requires a formal victim complaint - Strafantrag - within three months of learning the offender’s identity - section 230 StGB. The authorities can still prosecute without a complaint if there is a special public interest. Aggravated forms are prosecuted ex officio.

Police measures in Lower Saxony: The Lower Saxony Police and Public Order Law - NPOG - allows police to issue short-term eviction, contact, and area bans, especially in domestic violence cases, and to take a person into custody to prevent further offenses. Police may seize weapons and secure immediate evidence such as photos and medical documentation.

Victim rights and support: Victims can seek protection orders and contact bans through the family court under the Gewaltschutzgesetz. In suitable cases victims may participate in the criminal proceedings as a private accessory prosecutor - Nebenklage - and request psychosocial court support. Compensation can be sought through a civil claim or within the criminal case using the adhesion procedure - sections 403 and following StPO.

Compensation and benefits: Pain and suffering damages - Schmerzensgeld - and reimbursement of costs can be claimed from the offender under civil law - section 253 BGB and related rules. State victim compensation is available under the Social Code Book XIV - SGB XIV - which replaced the former Victim Compensation Act. A lawyer or victim support service can help with applications.

Courts and prosecution in Stade: The Polizeiinspektion Stade conducts investigations. The Staatsanwaltschaft Stade leads prosecutions. The Amtsgericht Stade handles most cases in the first instance. Serious cases go to the Landgericht Stade. Appeals from the region go to the Oberlandesgericht Celle.

Juveniles: If the accused is under 18, or under certain conditions up to 20, the Juvenile Courts Act - JGG - applies. Educational measures and diversion are often prioritized over punishment.

Records and consequences: Convictions can be recorded in the Federal Central Register - Bundeszentralregister - and may appear in a certificate of good conduct - Führungszeugnis - which can affect employment and licensing. Time limits for deletion depend on the sentence and offense.

Frequently Asked Questions

What counts as bodily harm in Germany?

Any intentional act that causes physical pain or impairs health can be bodily harm, even if the injury is minor. Cuts, bruises, swelling, pain from a slap, or health effects like concussion or stress-related symptoms after being hit may qualify. Spitting can qualify if it impairs health or is considered physical mistreatment in context.

Is pushing or spitting a crime?

Yes, it can be. A forceful push that causes pain or injury can be bodily harm. Spitting can also be punishable, particularly if it hits the face or mouth and is degrading or unhygienic. The exact circumstances and intent matter.

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

For simple bodily harm, the victim usually must file a Strafantrag within three months from learning who the offender is. File with the police or prosecutor. Do not wait - if you miss the deadline, the case may not be prosecuted unless there is a special public interest.

What happens after I call the police in Stade?

Police secure the scene, separate those involved, take statements, document injuries, and may summon medical help. They can issue short-term bans from the home in domestic cases and seize weapons. The police send the file to the Staatsanwaltschaft Stade, which decides whether to charge, dismiss, or propose conditions like mediation or community service.

Can I get compensation for my injuries?

Yes. You can claim pain and suffering damages and reimbursement of costs from the offender. You can also apply for state victim benefits under SGB XIV. You may assert your civil claim directly in the criminal case using the adhesion procedure, or sue separately in civil court. Keep medical records, receipts, and photographs.

Can charges be dropped if we both apologize?

Possibly. For minor first-time offenses, the prosecutor may discontinue proceedings with or without conditions such as a payment to the victim or community service. Acceptance of responsibility and an offender-victim mediation can help, but the decision rests with the prosecutor and the court, not the parties.

What penalties are typical for first-time offenders?

Outcomes vary. For minor injuries and clean records, cases may be dismissed or result in a fine. Aggravated cases involving weapons or severe injuries can lead to suspended or unsuspended prison sentences. Each case is fact specific, and prior convictions, intoxication, and remorse can influence sentencing.

How does self-defense work?

Self-defense is lawful if you are repelling a current unlawful attack using necessary and proportionate means. Excessive force can still be punishable. Retreat is not generally required, but using clearly disproportionate force can negate the defense. A lawyer can assess whether your response was necessary under section 32 StGB.

What if the accused is a minor?

Juvenile law - JGG - focuses on education. Police and prosecutors often use diversion, warnings, or educational measures. Courts can impose work hours, training programs, or youth detention in serious cases. Parents or guardians are usually involved, and youth social services may participate.

Will a conviction appear on my record?

Convictions go into the Federal Central Register. Whether they appear on a standard certificate of good conduct depends on the sentence and time elapsed. Minor fines may not appear, while more serious penalties usually do for a set period. A lawyer can review the likely record effects in your case.

Additional Resources

Polizeiinspektion Stade - for immediate danger call 110. For medical emergencies call 112. You can make a criminal complaint at any police station.

Staatsanwaltschaft Stade - public prosecutor’s office responsible for prosecutions in the region.

Amtsgericht Stade and Landgericht Stade - local courts handling criminal and protection order proceedings.

Opferhilfe Niedersachsen - statewide victim support services offering counseling, help with applications, and court accompaniment.

Weisser Ring e. V. - nationwide non-profit providing victim support, counseling, and financial assistance in hardship cases.

Frauenhaus im Landkreis Stade and specialized counseling centers - confidential shelter and advice for those affected by domestic violence.

Jugendamt Landkreis Stade - youth services involved when minors are affected as victims, witnesses, or accused persons.

Psychosoziale Prozessbegleitung Niedersachsen - trained supporters who accompany particularly vulnerable victims through criminal proceedings.

Local hospitals and clinics - for medical treatment and confidential evidence preservation. Ask emergency staff about options for forensic documentation even if you are not ready to file a complaint.

Bar associations and lawyer directories - search for a Fachanwalt für Strafrecht or an attorney specializing in victim representation in the Stade area.

Next Steps

If you are in danger, call 110 immediately. Seek medical care and ask for documentation of all injuries. Take photos, save clothing, and keep names of witnesses. Write down what happened while details are fresh.

File a police report as soon as possible and, where required, submit a formal Strafantrag within three months. If you need protection, request temporary police measures and apply for a court protection order under the Gewaltschutzgesetz.

Consult a local lawyer early. If you are suspected of an offense, exercise your right to remain silent until you have legal advice. Do not contact the other party. Bring any messages, videos, or social media posts to your lawyer. Discuss whether self-defense applies, and whether a dismissal or mediation is realistic.

If you are a victim, ask about adhesion claims, state victim benefits under SGB XIV, and psychosocial court support. Your lawyer can coordinate with victim services and the prosecutor to protect your rights throughout the proceedings.

This guide provides general information only - it is not a substitute for legal advice. Laws and procedures can change. For guidance tailored to your situation in Stade, consult a qualified lawyer.