Criminal Lawyers for Negligent Injury
Defense against charges of causing injury through professional or ordinary negligence.
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Negligent injury (lesiones imprudentes, Article 152 Criminal Code) punishes causing physical or psychological harm to another person through gross negligence. This offense covers a wide range of situations: traffic accidents causing injuries, medical malpractice, workplace accidents, sports injuries, and everyday accidents resulting from failure to exercise due care.
Penalties
Penalties depend on the severity of injuries and degree of negligence: gross negligence causing injuries requiring medical treatment beyond first aid: imprisonment of 3 to 6 months or a fine; professional gross negligence: same penalty plus professional disqualification of 1 to 4 years; gross negligence causing serious injuries (loss of limb, organ, or sense): imprisonment of 1 to 3 years.
Defense Strategies
Our defense examines: whether the injuries truly required medical treatment beyond first aid (many cases are borderline); proving the defendant acted within accepted standards of care; establishing victim's own negligence (contributory fault reduces or eliminates criminal liability); challenging the causation link between the defendant's conduct and the injuries (pre-existing conditions, intervening causes); and presenting expert medical testimony on the severity classification of injuries.
Crimes Against Persons in Spain: Homicide, Assault and Threats — Defense Guide
Crimes against persons — homicide (Art. 138 CP), murder (Art. 139 CP), assault/bodily harm (Art. 147-156), and threats (Art. 169-171 CP) — are among the most severely punished offenses in Spain, frequently resulting in substantial prison sentences. A robust forensic and legal defense is critical from the first moments of arrest.
Penalty Table: Crimes Against Persons
| Offense | Article | Penalty |
|---|---|---|
| Reckless Homicide | Art. 142 | 1 – 4 years |
| Intentional Homicide | Art. 138 | 10 – 15 years |
| Murder (Asesinato) | Art. 139 | 15 – 25 years |
| Aggravated Murder | Art. 140 | Permanent Revisable Prison |
| Minor Assault | Art. 147.2 | Fine 1-3 months |
| Serious Bodily Harm | Art. 149 | 6 – 12 years |
| Criminal Threats | Art. 169 | 1 – 5 years |
Core Defense Strategies
Self-Defense (Art. 20.4 CP)
The three legal requirements are: unlawful aggression, proportional response, and no provocation. Documenting prior threats and injuries is paramount from day one.
Reclassification: Murder → Homicide
The difference between Art. 138 and 139 CP means up to 10 years' additional prison. Defense focuses on disproving premeditation, treachery, or cruelty — the three murder qualifiers.
Psychiatric Defense / Diminished Responsibility
If the accused had a mental disorder at the time of the act, total or partial irresponsibility (Art. 20.1) or diminished responsibility (Art. 21.1) significantly reduce or eliminate the sentence.
Forensic Medical Evidence
Independent autopsy, injury assessment, and toxicology reports often contradict expert testimony submitted by the prosecution. A second forensic medical opinion is always recommended in serious cases.
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