Accused of Assault After a Fight in Spain: What to Do
In this article
Key Takeaways
- Do not testify without a lawyer; get your own medical report
- Minor offence or offence depends on whether medical treatment was needed
- Self-defence (Art. 20.4 CP) can exempt you from liability
- Establishing who attacked first is decisive
If reported for bodily harm after a fight, do not testify without a lawyer and, if injured, get your own medical report. Severity depends on the treatment needed: initial care only means a minor offence (Art. 147.2 CP), a fine; medical or surgical treatment means the offence under Art. 147.1 CP. The defence usually turns on self-defence (Art. 20.4 CP), mutual aggression, and the true extent of the injuries.
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Coming out of a fight and then finding out that you have been reported for bodily harm is a common and distressing situation, especially when you were also hit or when the argument turned into a fight on both sides. This guide is written from the perspective of the person accused: what to do in the first hours, how the seriousness of what happened is assessed, and how the defence is built. If you want to go deeper into the offence itself, see also our guide to the offence of bodily harm.
You Have Been Reported: What to Do First
The first steps shape everything that follows:
- Do not testify without a lawyer. You have the right not to testify; an improvised account of the fight can work against you.
- Get your own medical report if you were also injured. It is evidence that the attack was not one-sided.
- Gather witnesses and footage: who was there, what they saw, CCTV cameras in the area or mobile phone videos.
- Document how it all started and, above all, who attacked first. It is the basis of any eventual self-defence.
Minor offence or offence: the treatment decides
The seriousness of the injuries is not marked by how the wound looks, but by the treatment it needed. If only initial medical care was enough, it is a minor offence (Art. 147.2 CP), punished with a fine. If the injury required subsequent medical or surgical treatment — complex stitching, a cast, rehabilitation, prescribed medication — it is an offence under Art. 147.1 CP, carrying a prison sentence. Using a weapon or a dangerous object aggravates the classification (Art. 148 CP).
Self-defence and mutual aggression
Many defences turn on self-defence (Art. 20.4 CP): if there was a prior unlawful attack, you used a rationally necessary means to repel it, and you did not provoke the situation, your reaction can be exempt from liability. If there was excess in the defence, it can operate as an incomplete exemption and reduce the sentence. Mutual aggression is common in fights: that is why your medical report and establishing who attacked first matter so much.
Your first statement
In your statement as a person under investigation, you will be informed of the facts and of your rights. You may testify, answer only through your lawyer, or remain silent. In some cases it is useful to offer the account supporting self-defence from the outset; in others, it is better to wait to see the medical and witness evidence. It is a strategic decision to be taken with your defence, not improvised in court.
How a dismissal is achieved
When it is not proven who attacked, when self-defence applies, or when the injury does not have the seriousness attributed to it, the proceedings can be dismissed or reclassified as a minor offence, and an acquittal is possible at trial. An early defence that establishes the context of the fight and challenges the evidence is the best route to that outcome. Our firm handles criminal defence against bodily harm reports.
Have you been reported after a fight?
Before you testify, tell us how it happened. We review the medical reports, the witnesses and the context to prepare your defence. Contact our bodily harm lawyer.
Frequently asked questions
What should I do as soon as I learn of the report?
Do not testify without a lawyer and, if you were also injured, go to a medical centre to get your own report of injuries. Gather the witnesses to the fight, any footage from CCTV cameras in the area or from mobile phones, and any information about how the incident started and who attacked first as soon as possible. That context is the basis of the whole defence.
Is it a minor offence or an offence of bodily harm?
The line is not the appearance of the wound, but the treatment. If the injury only needed initial medical care it is a minor offence (Art. 147.2 CP), punished with a fine. If it needed subsequent medical or surgical treatment (complex stitching, a cast, rehabilitation or prescribed medication) it is the offence under Art. 147.1 CP, carrying a prison sentence. Using a weapon or a dangerous object aggravates the classification (Art. 148 CP).
Can I claim self-defence?
Yes, when its requirements are met (Art. 20.4 CP): a prior unlawful attack, the rational necessity of the means used to repel it, and the lack of sufficient provocation on your part. If your response was proportionate to the attack you suffered, self-defence can exempt you from liability; if there was excess, it can operate as an incomplete exemption and reduce the sentence. Establishing who attacked first is decisive.
What happens if we were both injured?
It is very common in fights. When there is mutual aggression, each side may have reported the other, and both statuses — the person reporting and the person accused — can coincide. That is why it matters to get your own medical report and document the episode: the outcome will depend on who started the aggression, the proportionality of each reaction, and the evidence available on how events unfolded.
What penalties does bodily harm carry?
The minor offence under Art. 147.2 CP is punished with a fine. The offence of bodily harm under Art. 147.1 CP carries imprisonment of three months to three years, or a fine. Injuries aggravated by the use of weapons or dangerous objects (Art. 148 CP) raise the penalty, and serious injuries involving the loss of an organ or sense (Art. 149) or disfigurement (Art. 150) carry much higher penalties. The classification depends on the real extent of the injury.
Can the report be dismissed?
Yes. If it is not proven who attacked, if self-defence applies, or if the injury does not have the seriousness attributed to it, the proceedings can be dismissed or reclassified as a minor offence, and an acquittal is possible at trial. An early defence that establishes the context of the fight and challenges the medical and witness evidence is the best route to that outcome.
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This page is for information purposes only and does not constitute legal advice: every case requires individual assessment. How this content is produced and verified: editorial policy.