Offence
Assault and fights
A night out that ends in a scuffle is one of the most common reasons a visitor to Spain is arrested. Whether it stays a minor matter or becomes a serious charge depends on the medical report, the circumstances and how the case is handled from the first hours.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
The essentials
Minor
Injuries that only needed a first medical check are a minor offence (delito leve), punished with a fine.
3 months to 3 years
Prison range for injuries that required medical or surgical treatment beyond first aid (art. 147.1 Penal Code).
2 to 5 years
If a weapon or dangerous object was used, or the attack was treacherous or especially brutal (art. 148).
How the medical report sets the offence
- Check
Only a first medical check: minor offence, punished with a fine.
- Treatment
Medical or surgical treatment needed: three months to three years (art. 147.1).
- Weapon
Weapon, dangerous object or especially brutal attack: two to five years (art. 148).
The medical report decides the category
Spanish courts classify injuries by the treatment they needed, not by how they look. One medical check with no follow-up is a minor offence; stitches, a cast, surgery or psychiatric treatment take the case to the more serious article. Reading the medical report with a critical eye, and obtaining a second opinion when it is inflated, is a central part of the defence.
Mutual fight and self-defence
In many bar fights both sides end up reported and both have injuries. Who started it, whether the response was proportionate and whether there was a way to avoid the confrontation all matter. Self-defence can exclude or reduce liability, but it has to be proved: CCTV footage, witnesses and the timing of the medical reports are often decisive, and footage is deleted after a few weeks. Act early.
Compensation and the victim's lawyer
The injured person can claim compensation inside the criminal case and can be represented by their own lawyer, who will push for the most serious classification. Paying compensation before the trial is treated as a mitigating circumstance and can reduce the sentence; it is often part of a reasonable strategy, but it should never be done without advice.
How we will understand each other
I work in Spanish. With my clients from abroad I use translation tools to read and answer messages, and we manage well that way. At the police station and in court the law gives you a free interpreter, and I make sure that right is respected. If you write to me in English, I will answer you.
Common questions
I was defending myself. Will the charge be dropped?
Not automatically. Self-defence must be argued and proved. The sooner evidence is gathered (CCTV, witnesses, your own medical report), the stronger the position.
The other person was also hurt. Can I report them?
Yes, and in mutual fights it is often advisable to do so quickly, with your own medical report. I assess it with you before acting, because every step has consequences in the other case.
Will I be able to leave Spain?
In most cases of minor or ordinary injuries you are released with a summons and can travel, unless the judge imposes conditions. You must remain reachable and attend when summoned.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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