Minor Assault Trial: Practical Guide (2026)
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The minor assault offence (formerly known as faltas) is the most common case in Spanish criminal courts. It is dealt with through a fast-track procedure that many people underestimate, turning up without a lawyer and walking out with a criminal record. As specialist criminal lawyers in assault cases, this guide will help you prepare.
What is a minor assault offence? (Article 147.2 CP)
It punishes anyone who causes an injury that does not require medical or surgical treatment, only initial medical attention.
| Criterion | Minor offence (147.2) | Less serious (147.1) |
|---|---|---|
| Treatment | Only initial medical attention | Medical/surgical treatment |
| Penalty | Fine of 1-2 months | Prison of 3 months - 3 years |
| Criminal record | Yes (clearable after 6 months) | Yes (clearable after 3-5 years) |
| Lawyer mandatory | No (but recommended) | Yes |
The trap of "it's only a minor offence"
A minor offence generates a criminal record that will appear on official certificates, blocking access to public-sector jobs, visa applications and licence renewals.
Examples: when is it a minor offence?
The dividing line is set by the hospital injury report:
- Minor offence: A shove leaving a bruise. A slap that leaves the skin red. A superficial scratch. Bruises with no follow-up needed.
- Less serious: A broken nose (surgery). Stitches. A cracked rib (follow-up needed). A sprain with physiotherapy.
Borderline case: A punch causing facial bruising. If the doctor only prescribes painkillers, it is a minor offence. If a 7-day follow-up appointment is scheduled, it could become a less serious offence. The forensic medical report is decisive.
What is the trial like?
- Complaint: The victim files a complaint. If there is an arrest, the trial may be held the same day (fast-track trial).
- Summons: You receive a summons to appear (1-3 months later).
- Trial: A short oral hearing. The judge hears the parties, takes the evidence and delivers a judgment, often orally.
- Judgment: Maximum penalty: a fine of 1 to 2 months (with a daily quota of EUR 2 to EUR 400 depending on income).
Why do you need a lawyer?
The law says it is not mandatory, but without a lawyer:
- You will not be able to cross-examine the prosecution witnesses.
- You will not know how to invoke grounds for exclusion of liability (pardon, self-defence).
- You will incriminate yourself without realising it: Most convictions rest on the defendant's own statements.
- You will lose the chance to negotiate a dismissal or a plea agreement with a minimum fine.
Defence Strategies
- Insufficient evidence: If the only evidence is one person's word against another's, there are good prospects of an acquittal.
- Self-defence: The defendant was defending themselves against a prior attack (Article 20.4 CP).
- Mutually accepted brawl: Both parties took part voluntarily.
- Lack of intent (accident): The blow was accidental, not intentional.
- Pardon by the offended party: In minor offences, if the victim forgives, the judge must close the case.
Alonso Sala's tip
If you have been summoned to a minor offence trial, contact a criminal lawyer BEFORE the date. Given enough time, we can negotiate an agreement that avoids a conviction and a criminal record.
At Alonso Sala, we appear daily in minor offence trials. What may look like "no big deal" can have consequences that stay with you for years. Call us on +34 91 078 65 74 for an immediate consultation.
Frequently asked questions
What is a minor offence of bodily harm?expand_more
It is an injury that only needed initial medical care, with no subsequent medical or surgical treatment (art. 147.2 CP). It is punished with a fine, unlike the offence of bodily harm under 147.1, which carries imprisonment of 3 months to 3 years.
What is the trial for a minor offence of bodily harm like?expand_more
It is a fast-track trial in which the evidence is heard in a single session. A lawyer and a court agent are not mandatory, but having a technical defence considerably improves the chances of acquittal or a lower penalty.
Do I need a lawyer for a minor offence trial?expand_more
It is not mandatory, but it is highly advisable. The other party may bring a lawyer, the medical reports and witnesses must be rebutted with technique, and a conviction —even a fine— creates a criminal record. A lawyer can secure an acquittal or the dismissal of the case.
Does a minor offence of bodily harm create a criminal record?expand_more
Yes. Even if the penalty is a fine, it is a criminal offence and the conviction creates a criminal record, which can be expunged 6 months after the sentence has been served if no further offence is committed.
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