Art. 147.1 CP
Basic injury
Injury requiring medical or surgical treatment: three months to three years.
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Violence · Bodily harm · Alicante
Assault and bodily harm lawyer in Alicante
A brawl, an altercation, an injury: the severity of the harm decides everything, from a fine to prison.
Assault, blows and bodily harm in Alicante and on the Costa Blanca: Articles 147 to 156 of the Spanish Criminal Code grade the penalty by severity, the means used and the after-effects. English-speaking defence, from police custody and before the courts of Alicante, is decisive.
In brief. bodily harm (Arts. 147-156 CP) ranges from mere ill-treatment to aggravated injury. Basic injury (Art. 147) requires medical or surgical treatment; Articles 148-150 aggravate by the means, cruelty or loss of an organ. The forensic report and self-defence are central to a defence heard in Alicante.
Key facts
147
Basic injury requiring medical or surgical treatment.
149
Aggravated injury (loss of an organ, mutilation): up to twelve years.
24h
English-speaking lawyer in Alicante, assistance from police custody.
What the law grades
Injury differs from mere ill-treatment. Article 147.1 requires, beyond first aid, medical or surgical treatment; failing that, the act is mere ill-treatment (Art. 147.3), far less severely punished.
Aggravating factors change the scale. The use of weapons or dangerous objects, cruelty or the victim’s vulnerability (Art. 148), the loss of an organ or a sense (Art. 149) sharply raise the penalty.
Self-defence is argued. In an altercation, establishing the initial attack, the necessity of the reaction and the absence of provocation may lead to exemption or its incomplete form.
What we defend
Bodily harm and violence
Art. 147.3 CP
Ill-treatment
Striking or ill-treating without causing injury: a fine.
Art. 148 CP
Aggravated injury
Weapons, cruelty or a vulnerable victim: two to five years.
Art. 149 CP
Loss of an organ or sense
Mutilation, loss of a main organ or a sense: six to twelve years.
Art. 150 CP
Loss of a non-main organ
Loss of a non-main organ or disfigurement: three to six years.
Art. 152 CP
Injury by negligence
Injury caused by gross negligence: prison or fine.
Art. 153 CP
Violence against a close relation
Minor injury to a spouse or vulnerable person: specific penalty.
Art. 154 CP
Affray
Taking part in a brawl using dangerous means.
Art. 20.4 CP
Self-defence
Necessary reaction to an unlawful attack: possible exemption.
Penalty framework
Indicative overview
| Offence | Article | Penalty framework | Key aggravating factor |
|---|---|---|---|
| Basic injury | 147.1 | 3 months – 3 years | Medical treatment needed |
| Ill-treatment | 147.3 | Fine | Repetition |
| Aggravated injury | 148 | 2 – 5 years | Weapon or cruelty |
| Loss of a main organ | 149 | 6 – 12 years | Mutilation |
| Loss of a non-main organ | 150 | 3 – 6 years | Disfigurement |
| Injury by negligence | 152 | Prison or fine | Gross negligence |
| Violence against a relation | 153 | 6 months – 1 year | Presence of minors |
| Affray | 154 | 3 months – 1 year | Dangerous means |
Indicative figures based on the Spanish Criminal Code. The penalty depends on severity, means and after-effects. This table does not replace a lawyer’s analysis.
Our difference
The forensic report decides the sentence
Qualification depends on the after-effects. The need for medical treatment, the nature of the injuries and their duration determine the applicable article. The forensic report can be disputed and counter-assessed.
We reconstruct the altercation. In Alicante, many cases arise from a mutual brawl: establishing who started the attack and pleading self-defence radically changes the outcome.
01
Analysis and challenge of the forensic report
02
Plea of self-defence and its incomplete forms
03
Requalifying injury as mere ill-treatment
04
Negotiating reparation and a plea agreement
How we act
A structured defence at every stage
Phase 01
Police custody and first statements
Phase 02
Investigation and forensic assessment
Phase 03
Challenge to the qualification
Phase 04
Trial in Alicante and appeals
Who we represent
In Alicante and around
D
People under investigation
Alleged perpetrators of an altercation or brawl in Alicante.
V
Victims
Injured persons seeking reparation and to join as a private prosecution.
T
Tourists
Visitors involved in a night-time altercation.
R
Foreign residents
English-speakers facing proceedings for assault.
Related
Related pages
FAQ
What you should know
Is every injury an offence of bodily harm?
No. Article 147 requires medical or surgical treatment; otherwise it is mere ill-treatment, punished by a fine.
How is a mutual brawl judged?
Self-defence and identifying the initial aggressor are decisive; failing that, liability may be shared or requalified.
What aggravates the penalty?
The use of a weapon, cruelty, the victim’s vulnerability (Art. 148) or the loss of an organ (Art. 149).
Can the medical report be challenged?
Yes. The nature and duration of the injuries, the need for treatment and the after-effects can be counter-assessed.
Where will the case be heard?
Before the competent courts of Alicante, often by fast-track proceedings for flagrant offences.
What to do after an arrest?
Make no statement without a lawyer. The firm acts 24/7 in Alicante and on the Costa Blanca.
Speak to a criminal lawyer
In a fast-track case, the days you have are the case.
Criminal defence in English before the courts of Alicante and the rest of Spain, for residents and for visitors who have flown home.
Provisions cited on this page:
Article 147 of the Spanish Criminal CodeArticle 148 of the Spanish Criminal CodeArticle 149 of the Spanish Criminal CodeArticle 152 of the Spanish Criminal CodeArticle 153 of the Spanish Criminal CodeArticle 20 of the Spanish Criminal CodeSpanish Criminal Code article by article
Article 147 of the Spanish Criminal CodeArticle 148 of the Spanish Criminal CodeArticle 149 of the Spanish Criminal CodeArticle 152 of the Spanish Criminal CodeArticle 153 of the Spanish Criminal CodeArticle 20 of the Spanish Criminal CodeSpanish Criminal Code article by article
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