Aggravated assault involves the intentional infliction of serious bodily injury. This violent offence is severely punished, especially when the injury has permanent consequences.
Definition of Serious Bodily Injury
According to article 82 of the Criminal Code, 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 or paralysis
- Intellectual limitations lasting longer than one month
- Causing a miscarriage or fetal death
Maximum Penalties for Aggravated Assault
- Basic offence (article 302 Criminal Code) - 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
Simple assault causes pain or minor injury without permanent damage, such as a bruise or small wound. Aggravated assault, on the other hand, results in serious, often permanent damage to the victim.
Conditional Intent in Aggravated Assault
Even without the intention to inflict serious injury, a person can be found guilty if the risk of injury was consciously accepted. An example is repeatedly kicking someone in the head, knowing that this can have serious consequences.
Circumstances that Aggravate the Penalty
- Against a public official during duty
- Against a family member or partner
- With a discriminatory intent
- Committed in a group
Frequently Asked Questions about Aggravated Assault in Leiden
When is assault considered 'aggravated'?
Assault is aggravated if the injury is serious or permanent, as laid down in article 82 Criminal Code. Think of permanent illness, loss of a body function, 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 resulting in death?
Aggravated assault (art. 302 Criminal Code) concerns serious injury without death, with a penalty of up to 8 years (or 12 years with premeditation). In case of death, it is assault resulting in death (art. 303 Criminal Code), with a penalty of up to 10 years (or 15 years with premeditation).
Can I be convicted of aggravated assault without intent?
Yes, under the principle of conditional intent. If you consciously accept the risk of serious injury, for example by kicking hard against someone's head, you can be found guilty, even without explicit intent.
Which factors lead to a higher penalty?
Penalty-aggravating factors include assault on a public official, family member or partner, a discriminatory motive, or committing in a group. Premeditation also increases the penalty.
What to do as a victim of aggravated assault in Leiden?
Call 112 in case of immediate danger. File a report with the police, collect evidence such as photos and medical reports, and find witnesses. Contact Victim Support Netherlands for support. A lawyer can assist with legal steps. Visit the Juridisch Loket Leiden (Stationsweg 46) for advice. Cases are handled at the District Court of The Hague, Leiden location.