Assault Offenses Defense

From Minor to Serious Injuries

Assault crimes range from a minor aggression (Art. 147 CP) to serious injuries with organ loss or deformity (Art. 149/150 CP). The penalty varies enormously, from a fine to 6-12 years in prison. Our defense strategy seeks to "downgrade" the legal classification. We demonstrate that the injury is of lesser entity (e.g., that the scar is not a "serious deformity" but a minor aesthetic defect) or that the result was due to Recklessness (an accident during a struggle) and not "Dolo" (direct intent to injure), which drastically reduces the sentence.

The Battle of Medical Experts

The forensic medical report is the key piece determining severity (days of healing, sequels, need for medical/surgical treatment). Judges usually follow the court forensic doctor. To counter this, we work with private medical experts who assess the client or victim to discuss the scope of injuries, the necessity of treatments (e.g., "was that stitch really necessary?"), and the causal link. Reducing a "surgical treatment" to "first aid" makes the difference between prison and a fine.

Self-Defense and Tumultuous Brawl

In fights, there is often no single aggressor. We defend Self-Defense: proving that our client only acted to repel a previous, real, and unjust aggression to protect their physical integrity. In cases of confused group fights (nightclubs, festivals) where it is impossible to know who hit whom, we invoke the figure of "Tumultuous Brawl" (Art. 154 CP) to dilute individual liability and avoid convictions for the specific result of the injuries.