Aggravated Assault (§ 224 StGB) – Dangerous Means, Penalties and Defense

In brief: Aggravated assault under § 224 of the German Criminal Code (StGB) is punishable by six months to ten years of imprisonment (three months to five years in less serious cases). Despite the high range, it remains a “Vergehen” (a less serious offense category, because the minimum sentence is below one year) rather than a “Verbrechen”. Whether one of the five aggravating variants – such as a “dangerous instrument” or joint commission – is really present is often the decisive point. If the aggravation can be dispelled, the milder routes of the simple assault (§ 223) reopen: discontinuance and penalty order.

The charge of aggravated assault is serious but frequently raised prematurely – for example after a brawl involving a bottle or a kick. This article explains the elements, the sentencing range and the concrete options for action.

Legal Framework and Structure

§ 224 StGB builds on simple assault (§ 223) and increases the penalty where the act is committed in a particularly dangerous way. Importantly, despite a maximum of ten years, aggravated assault is a Vergehen and not a felony – because its minimum sentence of six months lies below one year (§ 12(1) StGB). Unlike simple assault, § 224 is prosecuted ex officio, i.e. without any criminal complaint by the victim.

The Five Aggravating Variants in Detail

The elevated range of § 224 applies only where one of five exhaustively listed forms of commission is present:

• Poison or other substances harmful to health (No. 1) – e.g. administering corrosive substances or knock-out drops.
• A weapon or other dangerous instrument (No. 2) – besides weapons in the technical sense, also objects capable of causing serious injury given their concrete use: a broken bottle, a baton, a kick with a shod foot to the head, in some cases a car.
• A treacherous assault (No. 3) – a deliberate exploitation of the victim’s unsuspecting state, for instance an attack from ambush.
• Joint commission with another participant (No. 4) – the conscious cooperation of several persons, which reduces the victim’s ability to defend themselves.
• Treatment endangering life (No. 5) – e.g. violent strangulation or kicks to the head; according to the prevailing view a general suitability to endanger life suffices, without the victim actually being in concrete danger of death.

A single act may fulfill several numbers. For the defense it is decisive whether the concrete act really falls under one of these variants – the “dangerous instrument” and the “treatment endangering life” are especially often disputed.

Distinction from Simple and Serious Bodily Harm

If no aggravation is present, the offense remains simple assault (§ 223, up to five years or a fine). If serious lasting consequences occur – loss of sight, of a limb, permanent disfigurement – serious bodily harm (§ 226, one to ten years, a felony) may apply; if the victim dies, § 227 (not less than three years). The correct classification decides the sentencing range and the misdemeanor or felony character.

Sentencing and the Less Serious Case

The standard range runs from six months to ten years. In less serious cases the penalty is three months to five years – relevant for a spontaneous act, minor consequences, provocation by the victim or proximity to self-defense. A prison sentence of up to two years can be suspended on probation (§ 56 StGB).

Strategy and Options for Action

1. Remain Silent and Obtain File Access

Make no statement on the matter (§ 136 StPO) and do not attend a police interview without defense counsel. Only file inspection (§ 147 StPO) reveals on what the prosecution bases the aggravation.

2. Attack the Aggravation

The most important approach is to show that none of the five variants applies – for example that the object used was not a “dangerous instrument” in the concrete case, or that there was no conscious joint action. If the aggravation falls away, only simple assault remains, with far milder routes of disposal.

3. Justification and Self-Defense

In brawls the question of self-defense (§ 32 StGB) or excessive self-defense (§ 33 StGB) frequently arises. A careful reconstruction of the course of events can eliminate or substantially mitigate the charge.

4. Victim-Offender Mediation and Discontinuance

Victim-offender mediation and compensation (§ 46a StGB) have a mitigating effect. In less serious cases – often in combination with it – a discontinuance against conditions under § 153a StPO is possible.

5. Penalty Order Instead of a Trial

If the charge can be reduced to a manageable core, disposal by a penalty order comes into consideration; an objection can be lodged within two weeks (§ 410 StPO).

Consequences of a Conviction

Every conviction is entered in the Federal Central Criminal Register; it appears in the certificate of good conduct as a rule only from more than 90 daily units of a fine or more than three months of imprisonment (§ 32 BZRG). Depending on the case, consequences under firearms law, disciplinary law, professional law or – for foreign nationals – residence law may arise. These collateral consequences must be considered from the outset.

Frequently Asked Questions

Is aggravated assault a felony?

No. Because of the minimum sentence of six months (below one year) it is a Vergehen under § 12(1) StGB – despite a maximum of ten years.

Is a kick with a shod foot a “dangerous instrument”?

A kick with firm footwear – especially to the head – is regularly treated by the courts as the use of a dangerous instrument. It depends on the circumstances of the individual case.

Can the proceedings be discontinued?

In less serious cases, or where the aggravation falls away, a discontinuance under § 153a StPO – often with victim-offender mediation – is possible.

What should I do after a summons?

Make no statement on the matter, do not attend the police appointment and instruct a defense lawyer who obtains file access.

How We Can Help

In aggravated assault, the question of the aggravation often decides years of imprisonment. Those who remain silent early, have the file evaluated and work specifically on dispelling the aggravation, on self-defense or on victim-offender mediation can substantially influence the outcome. We defend you in Bonn and throughout the Rhineland. Learn more on our page for criminal defense in Bonn.

This article provides a general overview and does not replace advice in an individual case. A reliable assessment is only possible after inspection of the file and a personal consultation.

Written by attorney Philip Bafteh, criminal defense attorney in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.

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Last updated: July 2026