Criminal defense for Assault in Bonn

Legal Basis

§ 223 StGB

Sentencing Range

Imprisonment of up to five years or a fine

Summary

Physically assaulting or damaging the health of another person

Assault (Bodily Harm) under Section 223 of the German Criminal Code – Overview

Simple assault is one of the most frequently prosecuted violent offences in German criminal law. Section 223 StGB protects physical integrity and health. Even a slap or a push can constitute the offence, provided it amounts to physical abuse or damage to health. For expatriates in Germany, it is important to understand that the threshold for criminal liability is lower than in many common law jurisdictions.

Statutory Text (Section 223 StGB – Excerpt)

Subsection 1: Whoever physically abuses another person or damages their health shall be liable to imprisonment of up to five years or a fine.
Subsection 2: The attempt is punishable.

Elements of the Offence in Detail

Physical Abuse

Physical abuse occurs when physical well-being or physical integrity is impaired to a not insignificant degree. This includes punches, kicks, pushes, but also spitting or administering substances that cause unpleasant physical effects.

Damage to Health

Damage to health means causing or aggravating a pathological condition – any deterioration of health. This covers bone fractures, bruises, cuts, as well as psychological impairments such as anxiety disorders or post-traumatic stress disorder.

Intent

The perpetrator must act intentionally, though conditional intent (dolus eventualis) suffices. Negligent bodily harm is covered by Section 229 StGB.

Typical Methods of Commission

Common scenarios include: domestic violence (intimate partner violence), altercations in nightlife or at events, road rage incidents, physical assaults in the workplace, sports injuries beyond the rules of the game, and violence at demonstrations or football matches.

Sentencing Range

Simple assault carries imprisonment of up to five years or a fine. For first-time offenders with minor injuries, a fine is often imposed, or proceedings are discontinued under Section 153a StPO subject to conditions. Simple assault requires a criminal complaint (Section 230 StGB) – without a complaint, prosecution only proceeds where there is a special public interest.

Typical Defense Strategies

Defense approaches include: self-defense (Section 32 StGB), especially in mutual confrontations, consent of the injured party (e.g. in sporting activities), challenging intent, questioning causation between the act and the injury, discontinuation of proceedings for lack of criminal complaint or due to minor culpability, victim-offender mediation (Section 46a StGB) for sentence mitigation or discontinuation, and scrutinising witness statements and the evaluation of evidence.

Typical case groups in bodily harm (§ 223 StGB)

From a fight outside a club to an allegation of domestic violence – bodily-harm proceedings live on the evidence. Often it is one statement against another, and the distinction between simple and dangerous bodily harm decides the sentencing range.

One statement against another

Where there are no neutral witnesses, careful assessment of the evidence matters. The defense works out contradictions in the accounts, critically examines injury certificates and watches for tendencies to incriminate. A premature statement can do more harm than good.

Self-defense and brawls

Anyone defending themselves against an attack may be justified by self-defense (§ 32 StGB). In mutual altercations, it must be clarified precisely who was the attacker and who the defender – often the key to the defense.

Dangerous bodily harm

The use of a dangerous tool, joint commission or a life-endangering treatment lead to § 224 StGB with an increased sentencing range. Whether an object counts as a „dangerous tool“ depends on the individual case and is frequently open to challenge.

Application, private prosecution and domestic violence

Simple bodily harm is generally prosecuted only on application or where there is a special public interest; sometimes parties are referred to the private prosecution route (§ 374 StPO). In allegations from the domestic sphere, protection orders and the emotional dynamics must be taken into account.

Note: This information is general and does not replace advice in an individual case.

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

It was self-defense – does that help me? Self-defense (Section 32 of the German Criminal Code) excludes liability, but it must be supported by the evidence – injuries, witnesses and the sequence of events are decisive.

What if it is my word against theirs? In one-on-one situations courts must examine the credibility of the accusing statement particularly carefully – this is a classic starting point for the defense.

Can the case be discontinued? Yes – depending on injuries, provocation and prior record, discontinuation with or without conditions is often possible.

Should I explain my side to the police? Not before the case file has been reviewed – an early statement can fix you to a version of events prematurely.

Summons or accusation of 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 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.