A report of assault comes as a complete surprise to most of those affected. An argument, an escalated situation or a misunderstanding and suddenly you receive mail from the police or the public prosecutor's office. Many clients describe the same feelings to me in this situation: uncertainty, fear of consequences and the worry of doing something wrong.
As Lawyer from Mainz with a focus on criminal law and criminal defense Criminal defense in Mainz I represent clients who are faced with precisely this question: Charges of assault - what to do?
My aim is to protect you at an early stage and to end your proceedings without a trial if possible.
A charge of assault initially only means that someone has expressed the suspicion that you have committed an assault. Whether this accusation is true is completely open at this stage. Nevertheless, the report initiates preliminary proceedings.
Simple bodily harm within the meaning of Section 223 of the German Criminal Code (StGB) already exists if someone is physically abused or their health is harmed. A push, a blow or the infliction of pain is often sufficient, even without visible injuries.
The important thing is:
A charge of assault is not a conviction. And it does not necessarily have to end in a court hearing.
The most important question is: Report assault - what to do?
My clear answer: Keep calm and don't make any hasty statements about the matter.
You are not obliged to make a statement to the police or public prosecutor's office. Many defendants believe that they have to „set the record straight“. In practice, however, this often leads to statements being misunderstood or used against you later.
It should always be clarified before you react:
Only after inspecting the files can a sensible decision be made on how to react to a report of bodily harm.
| Process phase | What is actually happening? | What matters now |
|---|---|---|
| Reporting | The allegation of bodily harm is recorded | No conviction yet - do not make any statements on the matter |
| Investigation proceedings | Evidence and witness statements are collected | Early defense increases the chance of being hired |
| access to files | Defense attorney receives complete investigation file | Basis for any meaningful defense strategy |
| Decision of the public prosecutor's office | Discontinuation or indictment | Objective: Discontinuation or prevention of the prosecution |
| Interim procedure | Court examines the indictment | Last chance to avoid a trial |
| Main hearing | Taking of evidence and judgment | Statistically over 95% Conviction risk |
As a lawyer specializing in criminal law, it is my clear goal to ensure that your investigation or criminal proceedings are concluded with a Setting to end. The reason for this is sober and statistically proven.
Only about 2-3 % of all investigative and criminal proceedings in Germany end in an acquittal. In contrast, it is estimated that 50-60 % of the proceedings are discontinued. For clients, the result is almost the same: no entry in the Federal Central Criminal Register, no entry in the criminal record and final termination of the proceedings without the possibility of renewed prosecution.
On the other hand, there is a statistical risk of over 95 %, risking a conviction at a trial. Against this background, I see it as my duty to protect you from the risk of an uncertain verdict.
Not every charge of assault relates to the same offense. Criminal law makes a distinction, among other things:
Which classification is made has a considerable impact on the sentence and the defense strategy. It is therefore essential to carefully examine the allegation.
Many clients immediately fear a fine or prison sentence. In fact, the possible sentence depends on numerous factors: Allegation of the crime, previous convictions, evidence and, last but not least, the course of the defense.
As a lawyer, I regularly experience that proceedings for personal injury can be discontinued. This is particularly the case if a lawyer intervenes at an early stage.
Many defendants want to explain themselves. For me as a defense lawyer, the question is not whether a client is guilty or not. That is the task of the court.
My job is to do everything I can for both the guilty and the innocent to protect and enforce their rights in criminal proceedings. This also includes entering into conflicts with the public prosecutor's office or authorities if necessary or consciously choosing a compromise if this leads to a dismissal.
I represent clients throughout the Rhine-Main region. Also as Lawyer in Wiesbaden and in the Criminal defense in Wiesbaden I take on the defense in preliminary and criminal proceedings. Regardless of where the proceedings take place, I always pursue the same goal: an early dismissal of the proceedings or - if charges are brought - the avoidance of a trial in order to protect you from unnecessary risks.
Depending on the scope and importance of the matter, the remuneration of my legal services is based either on the German Lawyers' Fees Act (RVG) or on an individual fee agreement.
An individual fee agreement is particularly useful for complex or particularly important proceedings in order to realistically reflect the actual work involved. Transparency and clarity are of paramount importance to me.
A charge of assault is not a trivial offense, even if the accusation seems harmless at first. Criminal proceedings follow their own logic. This logic can only be influenced if action is taken early and strategically.
My goal is to protect you from the risks of an uncertain verdict and to bring your case to a conclusion as early as possible - with a careful, consistent and well thought-out defense.
What happens if I have a Charge for assault get?
If you receive a report of bodily injury, the public prosecutor's office will initiate an investigation. This does not automatically mean that you will be charged or convicted. In many cases, the proceedings are discontinued, especially if exonerating circumstances are presented at an early stage. It is important not to make any hasty statements and to have the files inspected first.
Charge for assault - What to do as a defendant?
The most important answer to the question „Reporting bodily harm - what to do?“ is: Keep calm and remain silent. You are not obliged to comment on the matter. Only after you have seen the investigation file can you decide which defense strategy makes sense. Early legal support significantly increases the chances of ending the proceedings at the investigation stage.
Is there a threat of Charge for assault automatically a penalty?
No. A charge of assault does not automatically lead to a penalty. Many proceedings are discontinued due to lack of evidence, minor guilt or other reasons. Whether and what punishment is threatened depends, among other things, on the evidence, the specific accusation and the course of the proceedings to date.
How likely is it that a case of assault will be dropped?
Statistically speaking, around 50-60 % of all investigations and criminal proceedings in Germany are discontinued. In contrast, only around 2-3 % with an acquittal. Particularly in the case of a charge of assault, there is often a good chance of a dismissal in the preliminary proceedings if action is taken early and strategically. The aim should be to avoid a trial and the associated risk of an uncertain verdict.
Do I need a Charge for assault a lawyer?
A lawyer is not required by law, but is strongly recommended in practice. Especially in the case of a charge of assault, the early defense strategy determines the outcome of the proceedings. As a lawyer specializing in criminal law and criminal defence in Mainz, my aim is to bring proceedings to an early end and protect clients from unnecessary risks.
What does a lawyer cost for a Charge for assault?
The costs depend on the scope and importance of the proceedings. Depending on the individual case, the remuneration of my legal services is based either on the German Lawyers' Fees Act (RVG) or on an individual fee agreement. In a personal consultation, it is possible to clarify transparently what costs can be expected in a specific case.
