personal_injuryPractice Area
Basic & Minor Injuries
Technical defense under Art. 147 CP. The expert battle to downgrade the crime to minor and avoid prison.
The Difference Between Fine and Jail: Medical Treatment
The Criminal Code establishes a clear boundary in Article 147: for an assault to be considered a basic crime (punishable by prison of 3 months to 3 years and serious records), the injury must objectively require, in addition to first aid, medical or surgical treatment for healing.
If there is no subsequent treatment, the conduct is downgraded to a minor offense (formerly a misdemeanor), which only entails a fine and minor records cancelled in 6 months.
check_circleIs First Aid (Minor Offense)
- • Wound cleaning and disinfection.
- • Wound suturing (stitches) in a single act.
- • Prescription of analgesics/anti-inflammatories.
- • Simple bandages or emergency immobilization.
- • Removal of stitches (control act).
warningIs Medical Treatment (Basic Crime)
- • Internal suturing or minor surgery.
- • Rehabilitation or prescribed physiotherapy.
- • Rigid immobilization (splint/cast) maintained.
- • Antibiotic treatment (infection risk).
- • Psychotherapy or prescribed drugs.
Our Defense Strategy
We analyze every health report with our medical experts. Often, the prosecution classifies as "treatment" what is actually mere monitoring or symptomatic medication. We argue the "objectivity" of the treatment necessity before the judge to achieve downgrading to a minor offense, saving the client from prison.
personal_injury
Why Alonso & Sala for Assault?
Specialized assault defense. Expert strategy: downgrade basic to minor (fine vs. prison).
- verified_userMedical expertise: challenge treatment (physiotherapy = monitoring, not objectively curative) for minor offense.
- verified_userDowngrade to minor: only stitches + painkillers = first aid (fine 1-3m vs. prison 3m-3y).
- verified_userReciprocal injuries defense: mutual fight (both hit) = reduced penalties for both.
- verified_user1 year prescription: minor offense from events (if court paralyzes 1y = dismissal prescription).
quiz
FAQs
What is considered 'first aid'?expand_more
It is the single medical act to cure or attend to the injury. It includes wound cleaning, suturing (stitches), simple bandages, prescription of analgesics or anti-inflammatories, and tetanus vaccination. If this is all you had, it's a minor offense.
What is considered 'medical treatment'?expand_more
Any intervention requiring follow-up or curative planning. Examples: rehabilitation, physiotherapy, immobilization with a cast, surgery, psychiatric treatment, prescription of antibiotics for infection risk. This turns the minor offense into a less serious crime.
If I'm prescribed ibuprofen, is it treatment?expand_more
No. The Supreme Court reiterates that pharmacological prescription to relieve symptoms (pain, inflammation) is not curative treatment for criminal purposes. It would be different if it requires a complex regimen and medical surveillance.
Are stitches treatment?expand_more
No. Majority jurisprudence establishes that suturing a wound is first aid, even if it requires a second visit to remove stitches. Removing stitches is a control act, not curative in itself.
Do I get a criminal record for a minor injury offense?expand_more
Yes. It generates a criminal record, but less burdensome. It is cancelled 6 months after paying the fine. However, it appears on the penal history sheet and can affect civil service exams or weapons permits.
How much is the fine for minor offense?expand_more
It depends on the economic capacity of the convict, not the injury. The range is 1 to 3 months. If earning minimum wage, daily quota can be €6-8 (approx. €180 - €720 total). Victim compensation is separate.
What if it was a mutual fight with reciprocal aggression?expand_more
If both hit each other and caused minor injuries, both are convicted for 'reciprocal injuries'. Unless clear self-defense exists, the judge usually imposes the same penalty on both, barring manifest disproportion.
Does the minor offense prescribe?expand_more
Yes, one year after the events. It is important to watch deadlines, as if the court paralyzes the file without justified cause for a year, we will request dismissal due to prescription and there will be no conviction.
Can I be arrested for a minor offense?expand_more
Police should only arrest for a minor offense if the aggressor has no known address or doesn't provide bail. Usually, they identify and summon for immediate trial ('Speedy Trial' for minor offense).
If I hit my partner, is it a minor offense?expand_more
NEVER. In gender or domestic violence, any injury, however minor (or even just mistreatment without injury), is a LESS SERIOUS CRIME (Art. 153), with prison of 6 months to 1 year, weapons ban and restraining order. No fine allowed.
What if the victim doesn't show up at trial?expand_more
If the victim is the only prosecution evidence (sole witness) and fails to appear without just cause, we will request acquittal for lack of evidence, as interrogation and cross-examination cannot be practiced.
Does rehab count as treatment?expand_more
Yes, absolutely. If the doctor prescribes physiotherapy sessions to recover mobility (e.g., whiplash), that is medical treatment and raises the infraction to a less serious crime. Arguing if that rehab was 'objectively necessary' is key for defense.
Is a scar a basic or minor crime?expand_more
It depends. The scar is a sequela (compensable), not treatment. If the wound healed with first aid (e.g., stitches) and left a scar, it remains a minor offense, but compensation will be higher due to aesthetic harm.
Can I settle and pay to avoid trial?expand_more
In minor offenses there is no prior 'conformity' with penalty reduction like in Speedy Trials for serious crimes. You must go to trial. However, you can admit facts at trial to seek minimum penalty, or reach a prior compensation agreement with the victim acting as a mitigating factor.
What if I lose a tooth from a punch?expand_more
Watch out, loss of dental pieces (visible incisors) can be considered DEFORMITY (Art. 150), a serious crime with 3 to 6 years prison. It is not basic or minor offense. Requires immediate expert defense.
Does stress or anxiety count as injury?expand_more
Yes, if it requires specialized treatment (psychologist/psychiatrist with curative regimen). If you only took a punctual anxiolytic (Xanax) after the scare, it is usually considered first aid and thus minor offense.
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.
Contact Alonso Sala