Assault involves the intentional infliction of pain or injuries on another person. The law distinguishes various degrees, ranging from minor to serious assault with potentially fatal consequences.
Minor assault (art. 300 Sr)
Minor assault means that someone intentionally inflicts pain or injury on another person or impairs their health.
Penalty level
| Type | Maximum penalty |
|---|---|
| Minor assault | 3 years |
| With premeditation | 4 years |
| Against a public official on duty | 4 years |
Serious assault (art. 302 Sr)
Serious assault refers to the intentional infliction of serious physical injury on another person.
Definition of serious injury
- Irreversible illness
- Permanent work disability
- Loss of a sense or body part
- Serious disfigurement
- Loss of an unborn child
Penalty level
| Type | Maximum penalty |
|---|---|
| Serious assault | 8 years |
| With premeditation | 12 years |
| Resulting in death | 10 years (15 years with premeditation) |
Increased penalties for assault
In cases of assault against specific victims, the penalty may be increased by one third.
Special victims
- Public officials on duty (police, BOA)
- Care providers (ambulance staff, firefighters)
- Persons with a public function
Domestic violence in Westland
Violence in the private sphere presents unique challenges and requires a specific approach.
Characteristics
- Often recurring violence
- Possibility of exclusion order
- Protection of victims through measures
- Targeted help and support
Frequently asked questions about assault
What distinguishes minor from serious assault?
Minor assault (art. 300 Sr) involves the intentional infliction of pain or injury without serious consequences, with a maximum penalty of 3 years. Serious assault (art. 302 Sr) concerns severe physical injury, such as permanent disability, and carries a penalty of up to 8 years. The severity of the injury determines the category.
What to do in case of domestic violence in Westland?
In case of immediate danger, call 112. For advice, contact Veilig Thuis (0800-2000). An exclusion order for the perpetrator is possible, as well as protective measures such as a contact ban. Legal assistance is available through a lawyer or Juridisch Loket Westland.
What is the penalty for assault with premeditation?
For assault with premeditation (planned), the penalties are higher. For minor assault, this is a maximum of 4 years (normally 3 years). For serious assault, this can amount to 12 years (normally 8 years). If the assault results in death, the penalty with premeditation can be 15 years.
What is considered serious physical injury?
Serious physical injury includes, among other things, permanent illness, work disability, loss of a sense or limb, serious disfigurement, or loss of an unborn child. Life-threatening injury or severe psychological harm may also fall under this, depending on the judicial assessment.
Is the penalty higher for assault on a police officer?
Yes, assault on a public official on duty (such as police or care providers) results in a one-third penalty increase. For minor assault, this means a maximum of 4 years (normally 3 years). This increase also applies to serious assault.