Criminal lawyer for assault and threats in Barcelona

FIRST.— Both sides of the process

You’re accused of assaulting or threatening someone, or you’re the one who suffered it. I defend the accused and I act as private prosecutor for victims. In both cases the first step is knowing what happened and what the medical report and police report actually say.

SECOND.— Assault and injuries

a) The medical report and the forensic doctor’s report are the key evidence. They determine whether the injury needed only first aid or medical or surgical treatment.
b) If it needed only first aid, it is a minor offense, punished with a fine. If it needed medical or surgical treatment, it is a crime (art. 147.1, Criminal Code), punishable by three months to three years in prison or a fine. Serious injuries (arts. 149 and 150) carry much higher prison terms.
c) If you’re accused: self-defense can exempt you from punishment when there was an unlawful attack, a rational need to defend yourself and you did not provoke it (art. 20.4). Proving it with video, witnesses and medical reports is key.
d) If you’re a victim: see a doctor as soon as possible and keep the medical report, photos and witnesses’ names.

THIRD.— Threats and coercion

a) Threats: announcing harm that is itself a crime (killing, injuring…) is a crime even if never carried out (art. 169). The penalty depends on whether it is conditional, meaning something is demanded in return, and on the context.
b) Messages: WhatsApp, social media and voice notes are evidence. Keep dated screenshots with the number, and keep the phone.
c) Coercion (art. 172): using violence to prevent someone from doing what the law doesn’t forbid, or forcing them to do what they don’t want.

FOURTH.— Insults and false accusations (injurias and calumnias)

An insult (injuria) damages another person’s dignity (art. 208). A false accusation (calumnia) accuses someone of a crime knowing it is false or with reckless disregard for the truth (art. 205).

a) If you’re accused: not every insult is a crime. Only serious insults are, and freedom of expression protects the rest.
b) If you’re a victim: against private individuals, they are only prosecuted if you file a formal complaint (querella, art. 215).
c) On social media and WhatsApp, save screenshots before they are deleted.

FIFTH.— Minor offenses and fast-track trials

a) A fight or threat of low seriousness is tried as a minor offense: simpler procedure and lower penalties, usually a fine.
b) Minor offenses expire after one year (art. 131). If you’re a victim, don’t wait.
c) With a detainee and simple facts, the case can go through fast-track trial, within days.

SIXTH.— If you’re accused

a) I review the medical report, the forensic report, recordings and witnesses.
b) I assess self-defense, proportionality and whether the facts amount only to a minor offense.
c) I study whether it makes sense to repair the damage (art. 21.5) or negotiate a plea agreement only if it really suits you.
d) If you’ve been arrested, I take calls 24 hours a day (Arrests 24/7).

SEVENTH.— If you’re a victim

a) I explain which evidence to keep and how to report.
b) I act as private prosecutor to seek a conviction and compensation for the injuries and lasting effects.
c) I tell you honestly what can be recovered and what can’t.

If the assault or threat took place within a couple or ex-couple relationship, it is treated as gender violence (Domestic and gender violence).

EIGHTH.— FAQ

Can I be convicted for a threat said in the middle of an argument?
It depends on the context. A phrase said in a moment of anger is not always a crime, but it must be assessed case by case.

Can I withdraw the complaint?
It depends on the offense. In some, the victim’s forgiveness extinguishes criminal liability. In others, the proceedings continue even if the complaint is withdrawn.

How much is the first consultation?
Nothing: it is free.

What is a court-appointed lawyer and what is free legal aid?
They are two different things, and they are often confused.
a) The duty-lawyer scheme (turno de oficio) is the service through which the Bar Association assigns a lawyer to someone who doesn’t have one. It is a way of appointing a lawyer, not a guarantee that it is free.
b) Free legal aid is a right granted according to your income. Only if it is granted does the State pay the lawyer.
c) If a duty lawyer is assigned to you and you don’t qualify for free legal aid, you pay the fees.
d) You can always choose a lawyer of your own. If you choose me, we discuss fees at the first consultation, which is free.