Aggravated assault involves the intentional infliction of serious bodily injury. This violent offence is severely punished, especially when the injury results in permanent damage.
Definition of Serious Bodily Injury
According to article 82 of the Dutch 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 of the body
- Paralysis of limbs
- Mental impairments lasting longer than one month
- Causing a miscarriage or fetal death
Maximum Penalties for Aggravated Assault
- Standard aggravated assault (art. 302 Sr) - 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
In simple assault, there is pain or minor injury without lasting consequences, such as a bruise or small wound. Aggravated assault, on the other hand, results in serious, often permanent damage.
Conditional Intent in Aggravated Assault
Even without the intention to inflict serious injury, a person can be found guilty of aggravated assault. This is called conditional intent: if the perpetrator consciously accepts the risk of serious injury, for example by repeatedly kicking the head.
Circumstances that Aggravate the Penalty
- Committed against a public official during duty
- Against family members such as parents, partner or children
- With a discriminatory intent
- Together with others (in concert)
Frequently Asked Questions about Aggravated Assault
When is assault considered 'aggravated'?
Assault is 'aggravated' in case of serious or permanent injury, as laid down in article 82 Sr. Think of permanent illness, loss of a sense, mutilation, or mental damage lasting longer than 4 weeks. This distinguishes it from simple assault, where injury is temporary.
What is the difference between aggravated assault and assault with fatal consequences?
Aggravated assault (art. 302 Sr) concerns serious injury without death, with a penalty up to 8 years (12 years with premeditation). In case of death, it is assault resulting in death (art. 303 Sr), with a penalty up to 10 years (15 years with premeditation).
Can I be convicted if I did not intentionally cause the injury?
Yes, under conditional intent. If you deliberately took the risk of serious injury, such as by repeatedly kicking the head, you can be found guilty, even without direct intent.
Which circumstances lead to a heavier penalty?
Aggravating factors include assault on a public official in function, against close family, with discriminatory motives, or in a group. Premeditation also increases the penalty.
What to do as a victim of aggravated assault in Rijswijk?
Call 112 in case of immediate danger. Otherwise, file a police report, collect evidence such as photos and medical reports, and find witnesses. Contact Victim Support Netherlands for assistance. A lawyer can assist you via the Juridisch Loket Rijswijk or at the Rechtbank Den Haag.