Assault on Authority (Art. 550 CP): Penalties and Defence
In this article
Key Takeaways
- Penalty 6 months-3 years
- The distinction from Resistance
- Bodycams as evidence
- Pushing a police officer
The offence of assault on authority (Art. 550 CP) punishes anyone who attacks or, with serious violence or intimidation, offers serious resistance to authority, its agents or public officials in the exercise of their duties. No injury is required: a physical attack is enough (shoving, charging at or spitting on an officer), punished with prison of six months to three years, or one to four years where the person attacked is an authority. The defence often focuses on reducing the classification to resistance under Art. 556 CP (non-aggressive opposition, such as struggling so as not to be handcuffed), which carries a lesser penalty of three months to one year or a fine.
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The offence of assault on authority (Art. 550 et seq. of the Criminal Code) protects the principle of authority and public order. It punishes those who attack, oppose with serious active resistance, or seriously intimidate agents of authority in the exercise of their duties. As criminal lawyers, we clear up the most common questions.
What Counts as an Attack or Assault?
It is not necessary to cause injuries. A "physical attack" is enough — that is, the act of striking, charging at or throwing objects, even if they do not connect. An angry shove to a police officer, or spitting at one with an intention of contempt and biological risk, already satisfies the elements of the offence, which is punished with 6 months to 3 years in prison.
A Key Distinction: Assault vs. Resistance (Art. 556)
The criminal defence often focuses on reducing the classification from Assault (an attack) to Resistance (non-aggressive opposition). While assault involves an attack, the resistance of Art. 556 (penalties of 3 months to 1 year) involves active "defensive" opposition, such as struggling so as not to be handcuffed or holding on to street furniture, but without attacking the officer.
Assault at Demonstrations and Public Disorder
In the context of social protest, the line is blurred. Throwing blunt objects at the police line, or burning bins to block the advance of officers, can constitute aggravated assault (for the use of dangerous instruments) in concurrence with public disorder. The penalties in such cases can exceed 4 years in prison.
Presumption of Truthfulness
The police report carries a rebuttable presumption of truthfulness. To rebut it, the defence must provide objective evidence: security camera footage, contradictory medical reports, or statements from impartial witnesses.
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Frequently asked questions
What does Article 550 of the Spanish Criminal Code punish?
It punishes anyone who attacks, or with serious intimidation or violence offers serious resistance to, authority, its agents or public officials, or assaults them while they are exercising the duties of their office or on the occasion of them.
What penalty applies to assault on authority?
Prison of one to four years and a fine of three to six months where the assault is against an authority, and prison of six months to three years in other cases. If the authority attacked is a high-ranking official (a member of the Government, an MP, a judge, a magistrate or a prosecutor, among others), the penalty is one to six years in prison and a fine of six to twelve months.
Is pushing a police officer assault or resistance?
It depends on the seriousness. An assault or serious resistance involving violence or serious intimidation is assault on authority under Art. 550 CP. Non-serious resistance or disobedience is punished under Art. 556 CP, with a lesser penalty (prison of three months to one year or a fine). Correctly classifying the conduct is key to the defence.
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