Our lawyers in Barcelona wrote this article to inform you on criminal injury misdemeanors and felonies, which are among the most common crimes.
When we discuss this type of crime, what often comes to mind is what conversation or confrontation happened to result in injured people.
What is the crime of injury?
Criminal injury is a crime in Spain in which the victim suffers damage to their physical self.
There are multiple ways an injury crime can occur.
We can separate injury crimes into different types depending on their severity and the damage produced.
Therefore, the more severe an injury crime is and the more damage it causes, the more severe the punishment becomes.
Although the damages are usually due to a physical aggression, there are other ways criminal injury can occur, such as the nonconsensual spread of a disease (for example, via the purposeful spread of diseases like HIV).
What is not considered injury crimes?
In order to report a criminal injury crime, you must receive medical assistance and treatment before reporting, in addition to subsequent medical treatment.
This means that, if the affected person receives medical assistance and that same day the medical center discharges them, this will not be considered a crime. In this case it would be a misdemeanor.
What are the penalties for a criminal injury crime?
The person who commited the crime will be at risk to serve a prison sentence.
However, the penalties for assisting a criminal injury can vary depending on the severity of the resulting injury and what methods were used by the individual responsible for the crime.
Having clarified the above point, the most common penalty for criminal injury can range from 6 months and 3 years.
But is the punishment the same for someone who commits the injury crime with recklessness as opposed to someone who commits it with malice?
With malice, the crime is committed voluntarily.
Instances of injury can occur through malice or recklessness.
However, the prison sentence can be reduced, as long as the injury is caused by recklessness.
And does the severity of injury matter to the penalty?
As we discussed earlier, the severity of the penalty will be influenced by the victim’s level of injury.
Misdemeanor of minor injuries
When it comes to minor injuries that do not need subsequent medical treatment, they are punished by fines and not imprisonment.
These are injuries that do not affect organs and are not as severe.
In these cases, prison sentences vary between 3 months and 3 years. Also, it is possible to receive a 6-12 month fine.
Crime of serious injury
Here, the penalty would range between 2 to 5 years in prison.
Crime of aggravated injury
These are the most serious injuries that the perpetrator can inflict on the victim. For example: genital mutilation, loss of organs, senses, or limbs.
These cases may result in up to 12 years of jail time.
What is the difference between criminal injury and attempted murder?
To know if there is homicidal intent, it is important to keep in mind:
The aggressor’s willingness or unwillingness to kill.
Whether there is a real possibility of generating a fatal outcome.
Are there injury crimes that can combine with other types of crimes?
Yes, for example it is common that a crime of injury combines with with drunk driving, hate crimes, sexual assault, or gender violence.
How is a victim’s compensation calculated?
A victim’s compensation will depend on the healing time of the injury, after-effects, etc….
Generally, the Traffic Accident Law is used, which has a scale to calculate the value of the injury compensation.
Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant to your case please contact our lawyers.