Criminal defense for Aggravated Assault in Bonn

Legal Basis

§ 224 StGB

Sentencing Range

Imprisonment of six months to ten years

Summary

Assault using a weapon, dangerous tool, by ambush, jointly with others, or by life-endangering treatment

Aggravated Assault under Section 224 of the German Criminal Code – Overview

Aggravated assault (gefährliche Assault) constitutes a qualified form of simple assault and carries significantly harsher penalties. Section 224 StGB covers assaults committed through particularly dangerous methods – such as using a weapon or dangerous instrument, by ambush, jointly with others, or through life-endangering treatment. The provision is classified as a serious criminal offence (Verbrechen) with a minimum sentence of six months.

Statutory Text (Section 224 StGB – Excerpt)

Subsection 1: Whoever commits bodily harm by means of a weapon or another dangerous instrument, by means of an ambush, jointly with another participant, or by means of treatment endangering life, shall be liable to imprisonment from six months to ten years.
Subsection 2: In less serious cases, the penalty is imprisonment from three months to five years.

Elements of the Offence in Detail

By Means of a Weapon or Dangerous Instrument

Weapons in the technical sense are objects designed to cause injuries (knives, firearms). A dangerous instrument is any object that, by its nature and the manner of its use, is capable of causing significant injuries. This may include: glass bottles, screwdrivers, belts, shoes (when kicking the head), or even a motor vehicle.

Ambush

An ambush requires the perpetrator to systematically conceal their true intentions in order to eliminate or complicate the victim’s ability to defend themselves.

Joint Commission

Joint commission requires at least two persons acting together at the scene, placing the victim in a particularly threatening situation. Co-perpetration is not required; conscious and deliberate support suffices.

Life-Endangering Treatment

Treatment endangering life exists where the act, under the specific circumstances, is capable of placing the victim’s life in danger. Typical examples: strangling, kicking a person lying on the ground in the head, poisoning.

Typical Methods of Commission

Commonly encountered scenarios include: knife attacks in nightlife, brawls involving beer glasses or bottles, group violence, attacks using motor vehicles, strangling attacks in domestic settings, and kicks to the head of persons lying on the ground.

Sentencing Range

Aggravated assault carries imprisonment from six months to ten years. In less serious cases, the sentence ranges from three months to five years. As this is a serious criminal offence (minimum sentence six months), discontinuation under Section 153a StPO is generally not available. A suspended sentence is only possible if the sentence does not exceed two years.

Typical Defense Strategies

Defense typically focuses on: self-defense or excessive self-defense (Section 33 StGB), challenging the qualifying elements (e.g. no dangerous instrument, no joint commission), downgrading to simple assault by refuting the dangerous method of commission, challenging intent regarding the qualifying circumstances, establishing a less serious case through demonstrating special circumstances, and defending against exaggerated charges in mutual confrontations.

Criminal courts in Bonn and Cologne

Proceedings in the region are usually handled by the public prosecutor’s office (Staatsanwaltschaft) in Bonn or Cologne, with penalty orders and trials before the Bonn Local Court (Amtsgericht Bonn) or the Cologne Local Court; more serious cases go to the Regional Court (Landgericht). Criminal defense attorney Philip Bafteh represents English-speaking clients at all stages – from the first letter to the trial.

Frequently asked questions

What makes an assault “aggravated”? Committing it jointly with others, using a weapon or dangerous instrument, or by means endangering life – the classification often decides the sentencing range.

Is a shoe or a bottle a “dangerous instrument”? It can be, depending on how it was used – this is frequently disputed and a key point for the defense.

What if I acted in self-defense? Self-defense (Section 32) excludes liability; injuries, witnesses and who attacked first must be reconstructed from the file.

What penalty do I face? Six months to ten years – with mitigated ranges in less serious cases; early, file-based defense has significant influence here.

Summons or accusation of Aggravated Assault? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Aggravated Assault requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.