Aggravated assault involves the intentional infliction of serious bodily injury. This is regarded as a serious violent offence with severe penalties, especially in cases of permanent harm to the victim.
Definition of Serious Bodily Injury
According to Article 82 of the Criminal Code, serious bodily injury includes, among other things:
- A disease without prospect of full recovery
- Permanent incapacity for work or office
- Loss of a sense or body part
- Mutilation or paralysis
- Mental impairments lasting longer than one month
- Causing a miscarriage or death of an unborn child
Penalties
- Standard aggravated assault (art. 302 Sr) - 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 from Simple Assault
In simple assault, there is pain or minor injury without permanent consequences, such as a bruise or small wound. Aggravated assault, on the other hand, results in serious, often permanent damage.
Conditional Intent in Assault
Even without the intention to cause serious injury, aggravated assault can be established if the perpetrator consciously accepted the risk of serious injury. An example is repeatedly kicking someone in the head.
Aggravating Factors
- Against a public official during duty
- Against family members such as parents or children
- With a discriminatory intent
- Committed in a group
Frequently Asked Questions about Aggravated Assault in Westland
When is assault considered 'aggravated'?
Assault is 'aggravated' in cases of serious or permanent injury, as laid down in Article 82 Sr. Think of permanent illness, loss of a body part, mutilation or mental damage lasting longer than 4 weeks. This distinguishes it from simple assault, where the injury is temporary.
What is the difference between aggravated assault and assault with fatal consequences?
In aggravated assault (art. 302 Sr), the victim survives, but there is serious injury with a penalty of up to 8 years (or 12 years with premeditation). In cases with fatal consequences (art. 303 Sr), the victim dies, with a penalty of up to 10 years (or 15 years with premeditation).
Can I be convicted of aggravated assault without intent?
Yes, under 'conditional intent', a conviction can follow if you consciously accepted the risk of serious injury. For example, by kicking hard and repeatedly against someone's head, knowing that this can have serious consequences.
Which circumstances lead to a heavier penalty?
Aggravating factors include assault on a public official in the line of duty, against close family, with discriminatory motives, or in a group. Premeditation also increases the penalty.
What to do as a victim of aggravated assault in Westland?
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 provide legal assistance. Contact Juridisch Loket Westland for advice.