Assault (§ 223 StGB) – Elements, Penalties and Defense

In brief: Assault (bodily harm) under § 223 StGB is punishable by up to five years of imprisonment or a fine. Many proceedings can be resolved without a trial – through discontinuance under §§ 153, 153a StPO, a victim-offender mediation or a penalty order. Decisive are early silence towards the police, file access through defense counsel and the right steering of the investigation. This article explains the elements, the sentencing range, the routes to discontinuance and the concrete options for action.

The accusation of assault often arises from an escalated dispute – after an argument, a brawl, in road traffic or in the domestic sphere. For those affected, a great deal is at stake, from a fine through an entry in the certificate of good conduct to a prison sentence. We defend accused persons in Bonn and throughout the Rhineland at every stage of the proceedings.

What is Assault (§ 223 StGB)?

Assault is committed by whoever physically maltreats another person or damages their health. Physical maltreatment is any improper, inappropriate treatment that impairs physical well-being more than merely insignificantly. A damage to health is the causing or intensifying of a pathological condition. Even a slap, a shove or the infliction of pain can fulfill the offense – visible injuries are not strictly required. Purely psychological impairments suffice only where they have a physical effect. Intent is required; in the case of negligent causation, § 229 StGB applies.

The Stages of Assault and Their Penalties

• § 223 – simple assault: imprisonment up to five years or a fine; the attempt is punishable (§ 223(2)).
• § 224 – aggravated assault: six months to ten years (in less serious cases three months to five years). See our article on aggravated assault (§ 224 StGB).
• § 226 – serious bodily harm: one to ten years (a felony), for serious lasting consequences.
• § 227 – bodily harm resulting in death: imprisonment not less than three years.
• § 229 – negligent bodily harm: up to three years or a fine.
• § 231 – participation in a brawl: up to three years or a fine, where the brawl results in death or serious bodily harm.

Criminal Complaint: the Significance of § 230 StGB

Simple and negligent assault (§§ 223, 229) are generally prosecuted only on the criminal complaint of the injured party – unless the prosecution affirms a special public interest. The complaint must be filed within three months of knowledge of the offense and the offender (§ 77b StGB) and can be withdrawn up to the final conclusion (§ 77d StGB). If the injured party withdraws the complaint, the proceedings are to be discontinued, provided there is no public interest. Especially in the case of offenses in the personal sphere, this opens up an important defense option. In cases of domestic violence, however, the prosecution regularly affirms the public interest.

Course of the Criminal Proceedings

After a complaint, the public prosecutor opens an investigation. A police summons as an accused person frequently follows – there is no obligation to attend a police interview and no obligation to make a statement. At the end of the investigation there is either a discontinuance, a penalty order or a charge with a subsequent main hearing before the Local Court. The earlier the defense begins, the greater the scope to steer the proceedings favorably.

Strategy and Options for Action

1. Remain Silent – and Sign Nothing

As an accused person you have the right to remain silent (§ 136 StPO). Make no statement on the matter without defense counsel and sign no interview records. Avoid “clarifying” messages or apologies to the injured party – such statements (for instance via messaging apps) are regularly treated as a confession.

2. File Access as the Basis of Any Strategy

Only file inspection (§ 147 StPO) reveals what the injured party has stated, which witnesses and medical certificates exist and how robust the evidence is. Every sensible defense builds on knowledge of the file.

3. Seek Discontinuance (§§ 170(2), 153, 153a StPO)

If the suspicion is insufficient, the proceedings are to be discontinued under § 170(2) StPO. Where guilt is minor, a discontinuance under § 153 StPO (without conditions) or § 153a StPO (against a condition, such as a payment) comes into consideration. Especially for a first-time simple assault, a condition-based discontinuance is a realistic and frequently pursued aim.

4. Victim-Offender Mediation and Compensation (§ 46a StGB)

A serious effort at reconciliation with the injured party and compensation for the damage can lead to a mitigation of sentence or even a waiver of punishment under § 46a StGB. In practice, victim-offender mediation is frequently the key that opens a discontinuance under § 153a StPO. It should be conducted with legal support so as not to inadvertently create an admission of guilt.

5. Withdrawal of the Criminal Complaint

Where it is a simple assault without a public interest, an understanding with the injured party and the withdrawal of the complaint (§ 77d StGB) can end the proceedings.

6. Penalty Order – Object or Accept

If the proceedings end with a penalty order, an objection is possible within two weeks (§ 410 StPO); it can be limited to the legal consequences. A penalty order of fewer than 90 daily units generally stays out of the certificate of good conduct.

7. Substantive Defense

On the merits, several approaches come into consideration: a situation of self-defense (§ 32 StGB) or an excess of self-defense (§ 33 StGB), an effective consent of the injured party (§ 228 StGB), doubts about the proof of the act in statement-against-statement constellations, and the critical evaluation of injury patterns and medical certificates that frequently do not match the alleged course of events.

Consequences of a Conviction

Besides the sentence itself, the collateral consequences must be considered. 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, provided there is no further entry (§ 32 BZRG). A prison sentence of up to two years can be suspended on probation (§ 56 StGB). Depending on the case, further consequences loom: unreliability under firearms law, disciplinary consequences for civil servants, professional consequences and – for foreign nationals – consequences under residence law.

Typical Constellations

In cases of domestic violence, the prosecution almost always affirms the public interest; here the assessment of evidence and protective orders are in the foreground. After a pub or club brawl, the question of joint commission (§ 224) and of self-defense frequently arises. In road traffic, negligent bodily harm (§ 229) is often at issue. In neighborhood and family disputes, withdrawal of the complaint and victim-offender mediation are central levers.

Frequently Asked Questions

Does an assault appear in the certificate of good conduct?

Not necessarily. Convictions up to 90 daily units of a fine or up to three months of imprisonment generally do not appear in the certificate of good conduct if there is no further entry. Every conviction is, however, recorded in the Federal Central Criminal Register.

Can the proceedings be discontinued?

Yes – especially for a first-time simple assault, a discontinuance under § 153 or § 153a StPO, often in connection with a victim-offender mediation, is a realistic aim.

What should I do after a summons?

Make no statement on the matter, do not attend the police appointment (there is no obligation to do so) and first instruct a defense lawyer who obtains file access.

When is it aggravated assault?

As soon as one of the aggravations of § 224 is present – for instance the use of a dangerous instrument, joint commission or a treatment endangering life. The range then rises to six months to ten years.

How We Can Help

The outcome of assault proceedings is usually determined already in the investigation. Whoever remains silent early, has the file evaluated and sets the right course – discontinuance, victim-offender mediation, penalty order or substantive defense – can substantially influence the result. We examine your case in Bonn confidentially and develop the appropriate strategy. 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