Crime of Assault: Legal Keys and Current Jurisprudence to Avoid Losing Your Case

The crime of bodily harm is one of the most common criminal offences in our courts. Understanding its scope, the applicable articles of the Penal Code, and especially the criteria of recent case law is crucial for winning or losing a proceeding.

At GVC Abogados (García Valcárcel & Cáceres), a law firm based in Murcia, we clearly explain how bodily harm is classified, what evidence is useful, and what steps to take to protect your rights.

Basic legal framework: key articles of the Penal Code

The main regulation of the crime of bodily harm is found in articles 147 to 156 of the Penal Code, with particular relevance to the following:

Article 147 PC: defines bodily harm that impairs physical or mental integrity and “requires medical or surgical treatment.” It also includes the minor offence of bodily harm and non-injurious maltreatment.
Article 148 PC: establishes aggravated circumstances (for example, use of weapons or dangerous objects, certain circumstances of victim vulnerability, among other legally provided scenarios).
Articles 149 and 150 PC: cover injuries of special severity, such as the loss or impairment of an organ or sense, or deformity, with significantly higher penalties.
Article 152 PC: injuries caused by serious or less serious negligence, with specific rules if motor vehicles or firearms are involved.
Article 153 PC: injuries and maltreatment in the context of gender-based or domestic violence, with its own regime of penalties and accessory measures.

Essential note: the Penal Code expressly differentiates between “medical or surgical treatment” and “simple monitoring or follow-up,” which is not considered treatment for criminal purposes. This distinction is decisive in separating the less serious offence from the minor one.

Recent case law: what the Supreme Court understands by “medical treatment”

The boundary between initial assistance and medical treatment has been delineated by case law. The Supreme Court has insisted that any intervention following the initial assistance aimed at the healing or improvement of the injury constitutes treatment, and not mere observation of its evolution.

STS 860/2022, of 2 November: reminds that “simple monitoring” is not sufficient; treatments include, among others, suturing wounds, immobilisation using splints or casts, periodic dressings, prescribed physiotherapy, and pharmacological guidelines when they adhere to a therapeutic plan beyond a generic recommendation.
Consolidated doctrine: the existence of a medical prescription, reviews aimed at healing, treatments or procedures that exceed mere initial medical assistance, leans the qualification towards article 147.1 PC.

Practical application: a report of emergencies with “cleaning and dressing” and follow-up without additional intervention may be minor; if there are stitches, immobilisation, rehabilitation, or prescribed medication for curative purposes, it is usually an offence under *art. 147.1* (Article 147.1).

Serious injuries: articles 149 and 150 CP

When the harmful result reaches particularly severe thresholds (for example, loss or uselessness of a sense or organ, or a significant deformity), articles 149 and 150 CP come into play, with higher penalties. The qualification requires a rigorous expert analysis and a clear correlation between the harmful mechanism and the result.

Injuries under article 149 CP: loss or uselessness of an organ or sense, among other cases of maximum severity.
Injuries under article 150 CP: serious impairments of non-main organs, or deformities that do not fit under 149 but exceed 147.

Key evidential elements: complete medical reports, clinical evolution, objective sequelae, and medical-legal expertise that assesses the causal link and the extent of the harm.

Injuries due to negligence: article 152 CP

Article 152 distinguishes between serious negligence and less serious negligence. The qualification depends on the breach of the objective duty of care and, where applicable, the sectoral regulations violated (e.g., road traffic, handling of weapons or machinery). If the result is as provided in articles 149 or 150, the penalty increases. In traffic accidents, the reconstruction expert report and the police report become crucial.

Gender violence and domestic violence: article 153 CP

When the injuries do not reach the threshold of article 147.1 and certain relationships between the perpetrator and the victim exist (gender-based or domestic violence), article 153 CP applies, which has specific criminal treatment and may entail measures such as prohibition of proximity and possession of weapons. Here, criminal issues and family law (civil measures, custody and guardianship, use of housing) converge, making an integrated strategy essential.

Less serious or minor offence? Prosecution and prescription

Prosecution: less serious injury offences are public, while minor offences (minor injury or non-injurious mistreatment) are generally prosecuted through a complaint by the aggrieved person, except for legal exceptions (for example, in cases of gender violence).
Prescription: as a guiding rule, minor offences prescribe after one year and less serious offences after longer periods. The computation and interruption of the prescription require a case-by-case analysis according to *art. 131 CP* (Article 131 CP).

Evidence that makes a difference

Immediate medical assistance and injury report: always request it; it is the cornerstone of the evidence.
Complete medical history: including therapeutic guidelines, treatments, rehabilitation, and check-ups. It verifies whether there was "medical treatment".
Medical expert evidence: assesses the severity of the injuries, the causal link, and the consequences.
Witness statements and video recordings: provide context, authorship, and the mechanism of injury.
Police report and forensic reports: especially in fights, altercations, or accidents.

Compensation and civil liability

In addition to criminal conviction, the responsible party must compensate for damages and losses. Courts use objective criteria to quantify healing days, consequences, and damages (both patrimonial and non-patrimonial). It is common to refer to the traffic accident scale (*Ley 35/2015* - Law 35/2015) as a guiding reference, even when the origin is not a traffic accident, as long as it fits the circumstances of the case. A solid expert report and economic documentation (expenses, lost profits) maximizes the compensation.

Frequently asked questions

When is there an offence under Article 147.1? When the injury requires, in addition to initial assistance, medical or surgical treatment in the strict sense; mere follow-up is not sufficient.
And what if there was no treatment? We would be facing a minor offence of injuries or physical mistreatment, unless the case fits under Article 153 of the Criminal Code (*CP* - Código Penal).
What should I do after an assault? Go to the emergency room, request an injury report, take photos of the injuries, keep the clothing, identify witnesses, and report as soon as possible.
Can I claim compensation if I am also administratively sanctioned? Yes; civil liability is enforceable regardless of related administrative sanctions.
Is there a criminal settlement in injury cases? Yes; it may be beneficial when the evidence is compelling and the strategy involves mitigating factors and early compensation.

GVC Lawyers Strategy in Murcia: criminal rigor and comprehensive vision

At GVC Lawyers, located at Plaza Fuensanta, 3 – 6ºB, 30008 Murcia, we combine technical criminal defence with a multidisciplinary approach. Our team works with medical experts to verify "medical or surgical treatment", identify consequences, and optimize compensation. If the criminal procedure intersects with civil measures (domestic violence), our family law attorneys coordinate a coherent and effective response.

Feasibility analysis and evidential strategy from day one.
Obtaining and studying the complete medical history.
Medical-legal expert assessment and, when appropriate, reconstruction of events.
Negotiation for damage repair and, if suitable, criminal compliance under advantageous conditions.
Defence in court focusing on causal link, extent of harm, and jurisprudential criteria of the Supreme Court.

Why choose us

Track record and trust: since 1946, legal tradition and dedication to clients in Murcia.
Multidisciplinary team: criminal law, civil liability, and medical expertise aligned.
Close and prudent attention: we explain options, risks, and realistic timelines.

SEO and local utility: lawyers in Murcia, family and inheritance

Although this article focuses on the crime of bodily harm, many criminal matters intersect with civil measures (custody, housing use, alimony) and with property conflicts. Therefore, if you are looking for lawyers in Murcia with a comprehensive response, at GVC Abogados we combine criminal law, family law attorneys, and inheritance lawyers to protect your personal and economic stability in all aspects of the conflict.

Lawyers Murcia: criminal defence and claims for compensation for injuries.
Family law attorneys: urgent civil measures and family proceedings when the criminal case impacts cohabitation.
Inheritance lawyers: planning and defending inheritance rights when the criminal conflict has succession or property effects.

Conclusion and contact

Success in a bodily harm case depends on properly documenting healthcare assistance, substantiating medical or surgical treatment, and aligning evidence with the doctrine of the Supreme Court. At GVC Abogados, we accompany you from the very first moment to protect your freedom and compensation, with the reliability of a team that integrates criminal law, civil liability, and medical expertise.

Consult your case with our office in Murcia: GVC Abogados (García Valcárcel & Cáceres), Plaza Fuensanta, 3 – 6ºB, 30008 Murcia. We act with rigor, closeness, and the utmost discretion.