Aggravated assault involves the intentional infliction of serious bodily injury. This is considered a serious violent offence with substantial penalties, particularly when the injury has permanent consequences.
Definition of Serious Bodily Injury
According to Article 82 of the Criminal Code, serious bodily injury includes, among other things:
- A disease without chance of full recovery
- Permanent incapacity for work or office
- Loss of a sense or body part
- Mutilation of the body
- Paralysis or immobility
- Intellectual limitations lasting longer than one month
- Causing a miscarriage or death of an unborn child
Height of the Penalties
- Aggravated assault (art. 302 CC) - Up to 8 years' imprisonment
- With premeditation - Up to 12 years' imprisonment
- With fatal outcome - Up to 10 years (without premeditation) or 15 years (with premeditation)
Difference with Simple Assault
Simple assault causes only temporary pain or minor injury, such as a bruise or small wound. Aggravated assault, on the other hand, results in serious, often permanent damage to the victim's body or health.
Conditional Intent in Aggravated Assault
Even without the intention to inflict serious injury, a person can be found guilty of aggravated assault. This applies when the perpetrator consciously accepts the risk of serious injury, for example by repeatedly kicking the victim's head.
Circumstances Aggravating the Penalty
- Committed against a public official during duty
- Against family members such as parents, partner or children
- With a discriminatory intent
- Together with others (in a group)
Frequently Asked Questions about Aggravated Assault in Zoetermeer
When is assault considered 'aggravated'?
Assault is considered aggravated in cases of serious or permanent injury, as laid down in Article 82 CC. Think of permanent disability, loss of a body function, mutilation or mental harm lasting longer than 4 weeks. This distinguishes it from simple assault by the long-term impact on the victim.
What is the difference between aggravated assault and assault resulting in death?
In aggravated assault (art. 302 CC), the victim survives, but there is serious injury with a maximum penalty of 8 years (or 12 years with premeditation). In assault resulting in death (art. 303 CC), the victim dies, with penalties up to 10 years (or 15 years with premeditation). The outcome thus determines the offence.
Can I be convicted of aggravated assault without intent?
Yes, under the principle of conditional intent. If you consciously took the risk of serious injury, for example by hitting or kicking hard and repeatedly, you can be convicted, even without explicit intent to cause injury.
What are aggravating factors in aggravated assault?
The penalty can be increased in cases of assault against specific persons (such as public officials or family) or under special circumstances, such as discrimination, group violence or a planned attack (premeditation).
What to do as a victim of aggravated assault in Zoetermeer?
Call 112 in case of immediate danger. Otherwise, file a report with the police, gather evidence such as photos and medical reports, and find witnesses. Victim Support Netherlands offers support, and a lawyer can assist with legal steps. The Zoetermeer Legal Desk can also provide advice.
Relevant Authorities in Zoetermeer: For legal assistance, you can contact the Zoetermeer Legal Desk. Cases are handled by the The Hague District Court, under which Zoetermeer falls.