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Bufete de abogados penalistas Alonso Sala
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Assault on Authority

Specialized criminal defense against accusations of assault, resistance, or disobedience to police officers.

Assault on Authority Crime (Art. 550 CP)

The assault on authority crime (Art. 550 CP) is one of most frequent accusations in social tension contexts, night police interventions, or demonstrations. Punishes those who assault, oppose with serious active resistance, or seriously intimidate authority agents (police, firefighters, healthcare, teachers) in duty exercise.

Penalties range from 6 months to 3 years prison if victim is agent (police), and 1-4 years if authority (mayor, MP). Line between difficult arrest and assault crime very thin. Often, reflex defense movements or mere struggling interpreted by Police as "attacks" in their reports. Our job dismantle that incriminating version through forensic intervention analysis, camera requests (bodycams, traffic), and cross-examination at trial.

Type Elements (Art. 550 CP)

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Physical Attack

Does not require injury; action of hitting, charging, throwing object enough (even if misses). Spitting can also be assault.

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Passive Subject

Police, Civil Guard, public healthcare, firefighters, public teachers, prison officers. Private sector NOT authority.

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Duty Exercise

Agent must be acting in role or attack must be due to it. Off-duty plainclothes police: NOT assault (unless identifies).

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Intent of Contempt

Intention to violate authority principle. Not assault if reflex act without contempt intent (e.g. involuntary reaction).

KEYDifferences: Assault vs Resistance vs Injuries

Correct legal qualification vital for your freedom. Assault (up to 3 years) not same as resistance (up to 1 year) or administrative infraction.

ASSAULT (Art. 550)

AGGRESSIVE physical attack (hit, charge, spit). Intent to aggress.

Penalty: 6 months-3 years

RESISTANCE (Art. 556)

Active NON-aggressive opposition (struggle, hold on, lie down). Without hits.

Penalty: 3 months-1 year

PASSIVE RESISTANCE

Not obeying immediately, staying still, refusing verbally. Without struggling.

Administrative sanction (fine)

Crime Modalities

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Resistance & Disobedience

Defense in passive or non-aggressive active resistance cases. Administrative infraction differences.

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Injuries to Agent

Defense in concurrent offenses. Compensation claims.

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Why Alonso & Sala for Assault on Authority?

Assault on authority requires aggressive technical defense. We combat 'presumption of veracity' of police report with objective evidence.

  • checkUrgent camera requests (police bodycams, traffic, nearby premises).
  • checkStrategy to downgrade assault to resistance (reduces penalty up to ⅔).
  • checkCross-examination at oral trial to dismantle report contradictions.
  • check24h station assistance: we accompany from first statement.
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FAQs

What is assault on authority crime (Art. 550 CP)?expand_more
Assaulting, opposing with SERIOUS active resistance, or SERIOUSLY intimidating authority agents (police, firefighters, healthcare, teachers) in duty exercise. Penalty: 6 months-3 years prison. Does not require injury; physical attack enough (push, throw object).
Is pushing police officer crime?expand_more
YES. Any physical attack (push, slap, throw object even if misses) considered assault if intent to aggress or disregard authority principle. Jurisprudence: even light push is assault if contempt.
What penalty for assault crime?expand_more
Penalties: 6 months-3 years prison (authority agent like police). If victim is AUTHORITY (mayor, MP): 1-4 years. If WEAPONS or VEHICLES used as means: aggravating (penalty in upper half). If also injuries: concurrent crimes.
Difference between assault and resistance (Art. 556)?expand_more
ASSAULT (Art. 550): AGGRESSIVE physical attack (hit, charge, spit). Penalty: 6 months-3 years. RESISTANCE (Art. 556): active but NON-aggressive opposition (struggle to avoid arrest, hold lamppost, lie down). Penalty: 3 months-1 year. Difference: AGGRESSION.
Is insulting police officer assault crime?expand_more
NO. Insults NOT assault (unless accompanied by physical attack). Can be: 1) MINOR offense of lack of respect (very serious). 2) Administrative infraction Citizen Security Law ('Gag Law'): fine €100-600, NOT prison.
What if was drunk when happened?expand_more
Full intoxication by alcohol/drugs can be MITIGATING (reduces penalty) or even INCOMPLETE EXEMPTING (reduces 1-2 degrees) if proven volition capacity VERY affected. Must prove with immediate analysis. MILD drunkenness: does not exempt.
Is police officer's word worth more than mine?expand_more
Agent's word has 'presumption of veracity' (jurisprudence), but NOT absolute proof. Must be corroborated with: injury reports, external witnesses, cameras, own contradictions. Our job: DISMANTLE that presumption with objective evidence.
If resist ILLEGAL arrest, commit crime?expand_more
Technically, citizen NOT obligated to endure illegal detention (Constitutional Court). But proving illegality 'in situ' difficult. Jurisprudence recommends OBEY and report later, unless flagrant illegitimate agent aggression (exceptional self-defense).
Is spitting at agent assault?expand_more
YES (recent Supreme Court jurisprudence). Spitting can be assault if done with intent of SERIOUS contempt and biological risk, or at least serious resistance. Depends on context (e.g. COVID pandemic: clear aggravating).
What if I also caused injuries to agent?expand_more
IDEAL CONCURRENCE of crimes: assault (protects public order) + injuries (protects physical integrity). Penalties ACCUMULATE or apply concurrence rule (penalty of most serious crime in upper half). E.g.: assault 1 year + injuries 6 months = 1.5-2 years.
Can they ask civil liability?expand_more
YES. Must compensate agent for: injuries, sequelae, sick leave days, moral damage, uniform/material damage (glasses, radio, defense). Amounts: €2,000-15,000 depending on severity. If don't pay, salary/assets seized.
Is doctor or teacher authority?expand_more
YES. PUBLIC sector doctors and teachers considered authority for penal purposes (Art. 24 CP). Assaulting them carries HIGHER penalties than assaulting individual. Private sector: NOT authority (normal injury crime).
Can threatening without touching be assault?expand_more
YES. Assault by SERIOUS INTIMIDATION (Art. 550): if intimidation serious, denotes clear intent to impose by force on agent and causes founded fear. E.g.: threaten with weapon, approach with violent attitude saying 'I'll kill you'. Context key.
What defense if no cameras?expand_more
We rely on police report CONTRADICTIONS. Often, agents narrate impossible or contradictory facts. Cross-examination in oral trial our best weapon. Also: medical expertise (injuries incompatible with police version).
Can go to prison if first crime?expand_more
DEPENDS. If requested penalty under 2 years and pay civil liability, usually entry SUSPENDED (probation). But if serious injuries and total penalty exceeds 2 years, entry risk REAL. Criminal record always remains.
What is 'presumption of veracity' of police report?expand_more
Jurisprudential doctrine: police report has presumption of veracity (presumed agents tell truth) UNLESS proof to contrary. Doesn't mean it's conclusive proof. Must be minimally corroborated. If contradictions or videos disprove, presumption falls.
Is recording police assault?expand_more
NO. Recording police in public exercising duties LEGAL (right to information). Gag Law prohibited 'unauthorized image use', but declared UNCONSTITUTIONAL (Constitutional Court). ONLY crime if recording used to intimidate/threaten (assault by intimidation).
Can claim self-defense against police?expand_more
YES, but EXCEPTIONAL. Only if agent acted with FLAGRANT illegitimate aggression (e.g. hits without reason, uses disproportionate force). Burden of proof yours. Very hard to prove. Jurisprudence: resistance to illegal detention NOT self-defense (unless evident brutality).
Does it matter if detention finally annulled?expand_more
Complex. If detention ILLEGAL but you didn't know at moment (unavoidable error), still assault. But if detention ARBITRARY and evident (e.g. drunk agent, without identifying), can eliminate 'public duties exercise' (type element). Each case unique.
When does assault crime expire?expand_more
Basic crime (6 months-3 years): expires 5 years from facts. Aggravated crime (1-4 years): expires 5 years. Periods INTERRUPTED if judicial proceedings. Important: report quickly if victim.
Defense strategy if accused of assault?expand_more
1) Request CAMERAS (bodycams, traffic, premises). 2) Downgrade assault to resistance (demonstrate NO aggression). 3) Claim self-defense (prior police aggression). 4) Demonstrate detention illegal (eliminates 'duties exercise'). 5) Drunkenness mitigating. Technical defense CRUCIAL.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

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