Best Assault & Battery Lawyers in Yokohama

About Assault & Battery Law in Yokohama, Japan

Assault and battery are criminal offenses under Japanese law, including in Yokohama. These offenses refer to acts of physical violence or the threat thereof and are taken seriously by the authorities. "Assault" typically means any act of violence or threat that does not result in injury, while "battery" (often called "bodily injury" in Japanese law) refers to the actual infliction of injury on another person. The Japanese Penal Code governs these crimes, and penalties can range from fines to imprisonment, depending on the severity and circumstances.

Why You May Need a Lawyer

Legal assistance is crucial if you are accused of, or a victim of, assault or battery in Yokohama. Common situations requiring legal help include:

• Being arrested or investigated by the police for an altercation
• Needing to file a complaint or police report as a victim
• Dealing with cases involving self-defense or unclear circumstances
• Negotiating settlements or apologies between you and the other party
• Facing complex consequences, such as loss of visa status or employment, especially for non-Japanese residents
• Ensuring your legal rights and procedural protections are respected throughout the process

Local Laws Overview

In Yokohama, as throughout Japan, the Japanese Penal Code defines and punishes acts of assault and violence. Key aspects include:

• Assault is an act of physical violence or threat without necessarily causing injury
• A simple assault (no injury) can lead to imprisonment for up to two years or a fine
• Bodily injury (battery) involves causing actual harm and carries heavier penalties, starting from imprisonment for up to 15 years, depending on severity
• Cases involving weapons, multiple offenders, or attacks on vulnerable persons carry aggravated penalties
• Victims can seek both criminal prosecution and civil compensation
• Acts committed in self-defense may be exempt from punishment, but must meet strict legal requirements
• Juvenile offenders may also face different legal processes based on age and circumstances

Frequently Asked Questions

What is the definition of assault and battery in Yokohama?

Assault refers to physical aggression or threats against another person without causing injury, while battery (referred to as "bodily injury" in Japanese law) means actually causing harm to another person.

What should I do if I am accused of assault or battery?

Remain calm and contact a lawyer immediately. Do not make statements to the police without legal representation. Know your rights, including the right to remain silent and the right to legal counsel.

What are the possible penalties for assault or battery?

Penalties range from fines to imprisonment. Assault without injury can result in up to two years imprisonment or a fine, while cases involving injury can lead to much harsher sentences, depending on the circumstances.

Can I be deported for assault or battery if I am a foreign national?

Yes, non-Japanese nationals convicted of assault or battery in Yokohama risk deportation, denial of visa renewals, or other immigration consequences.

How are cases of self-defense handled?

Self-defense is a legal justification, but strict criteria must be met. It must be proportional and necessary to repel an unlawful attack. The courts decide on a case-by-case basis.

Can I receive compensation as a victim?

Yes, victims can pursue civil claims for compensation in addition to any criminal penalties against the offender. A lawyer can advise on the process.

What happens if both parties are at fault?

Both parties may be prosecuted, and courts may consider the degree of involvement and provocation from each side when deciding penalties.

Do assault and battery charges go on my criminal record?

Yes, convictions remain on your criminal record, which may impact employment, travel, and other areas of life. Expunging or sealing records is not common in Japanese law.

How does the process work if I want to drop charges as a victim?

Victims can withdraw their complaint or accept a formal apology, often leading to leniency, but prosecutors may still continue the case if deemed in the public interest.

Are there special rules for minors involved in assault or battery cases?

Yes, juvenile cases may be handled by family courts with a focus on rehabilitation rather than punishment, but serious cases can be transferred to ordinary criminal courts.

Additional Resources

If you need assistance or information about assault and battery issues in Yokohama, consider reaching out to:

• Japan Legal Support Center (Houterasu) - provides free legal consultations and information, including for foreign nationals
• Yokohama Bar Association - offers services for connecting with local lawyers
• Kanagawa Prefectural Police - for filing police reports or consulting on safety issues
• Foreign Residents Support Centers in Yokohama, which can assist with language and legal information
• Local embassies or consulates for foreign nationals seeking legal guidance or interpreter services

Next Steps

If you are facing an assault or battery issue in Yokohama, the following steps are suggested:

1. Document all facts regarding the incident, including dates, locations, people involved, and any injuries or damages
2. Do not contact the other party directly without legal advice
3. Contact a lawyer experienced in Japanese criminal law as soon as possible
4. If you are a victim, consider reporting the incident to the police and seeking medical attention as needed
5. Discuss your situation in detail with your lawyer, who will guide you on the best course of action
6. Follow legal and procedural advice carefully throughout the investigation or court process

Professional legal support is essential for protecting your rights and achieving the best possible outcome.