Aggravated assault involves the intentional infliction of serious bodily injury. This violent offense is severely punished, especially if the damage is permanent.
Definition of serious bodily injury
According to Article 82 of the Criminal Code (Sr), 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
- Mental impairments lasting longer than 4 weeks
- Causing a miscarriage or fetal death
Maximum penalties
- Aggravated assault (Art. 302 Sr) - Up to 8 years imprisonment
- With premeditation - Up to 12 years imprisonment
- Resulting in death - 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 lasting consequences, such as a bruise or small wound. Aggravated assault is characterized by serious, often permanent damage to the body or mind.
Conditional intent explained
Even without the intention to cause serious injury, you can be convicted if you consciously took the risk of injury. An example is repeatedly kicking someone in the head, where the chance of serious harm is evident.
Aggravating factors
- Against a public official during duty
- Against family members such as parents or children
- With a discriminatory motive
- Committed in a group
Frequently asked questions about aggravated assault in Utrecht
When is assault considered 'aggravated'?
Assault is 'aggravated' in case of serious or permanent injury, as defined in Article 82 Sr. Think of permanent disability, loss of a body function, mutilation, or mental harm lasting longer than 4 weeks. This distinguishes it from temporary injury in simple assault.
What is the difference between aggravated assault and assault resulting in death?
In aggravated assault (Art. 302 Sr), the victim survives, but there is serious injury with a penalty up to 8 years (or 12 years with premeditation). In case of death, it is assault resulting in death (Art. 303 Sr), with penalties up to 10 or 15 years.
Can I be convicted without intent to cause serious injury?
Yes, under 'conditional intent', you can be guilty if you consciously accepted the risk of injury. For example, by kicking hard and repeatedly against the head, knowing it can have serious consequences.
Which circumstances aggravate the penalty?
The penalty can be higher for assault on a public official, family member, with discrimination as motive, or in a group. Premeditation also increases the penalty.
What to do as a victim in Utrecht?
Call 112 in immediate danger, otherwise file a report with the police. Collect evidence such as photos and medical reports. Contact Victim Support Netherlands or a lawyer. Visit the Juridisch Loket Utrecht at Catharijnesingel 55 for free advice.
Relevant locations in Utrecht:
- Rechtbank Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht