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Article 551 of the Spanish Criminal Code: aggravated forms of assault on a public authority
Quick answerArticle 551 raises by one degree the penalties of article 550 where the assault is committed with weapons or other dangerous objects, by an act of violence potentially dangerous to life or liable to cause serious injury, by driving a motor vehicle at the officer, or during a riot, sit-down protest or collective disturbance inside a prison.
The provision contains the four aggravating circumstances of the offence of assault on a public authority, its agents and public officials. Its present wording comes from Organic Act 1/2015 of 30 March, which entirely reordered the chapter and replaced the previous list. Its practical importance is considerable, since the increase by one degree frequently takes the sentence above two years of imprisonment, closing off suspension under article 80 and requiring a defence centred on excluding the aggravating circumstance.
Also cited as: article 551 Spanish Criminal Code · art. 551 CP · Spanish Penal Code article 551 · artículo 551 del Código Penal.
Wording of the provision
The penalties one degree above those respectively provided for in the preceding article shall be imposed whenever the assault is committed:
1. By using weapons or other dangerous objects.
2. Where the act of violence carried out is potentially dangerous to the life of persons or may cause serious injury. In particular, the throwing of blunt objects or flammable liquids, arson and the use of explosives are included.
3. By attacking the authority, its agent or the public official using a motor vehicle.
4. Where the acts are carried out during a riot, sit-down protest or collective disturbance inside a prison.
Consolidated text published by the Spanish Official State Gazette, Organic Act 10/1995 of 23 November, the Criminal Code. Unofficial English rendering; the Spanish text is the authentic one.
Sentencing range. Penalties one degree above those of article 550, placing the range at two years and three months to four years and six months of imprisonment where the victim is a public authority, and one year and six months to three years in the remaining cases, without prejudice to any fine.
Key facts
| Location | Book II, title XXII, chapter II of the Criminal Code, assaults on public authority |
|---|---|
| Protected interest | Public order and the proper functioning of public service, with anticipated protection of physical integrity |
| Drafting technique | Aggravated forms by reference to article 550 |
| First circumstance | Use of weapons or other dangerous objects |
| Second circumstance | Violence potentially dangerous to life or liable to cause serious injury |
| Third circumstance | Attack using a motor vehicle |
| Fourth circumstance | Riot, sit-down protest or collective disturbance in a prison |
| Current wording | Sole article 241 of Organic Act 1/2015 of 30 March, in force since 1 July 2015 |
Elements and scope
- Prior commission of the offence of assault under article 550, that is, attack, serious intimidation or serious active resistance against a public authority, agent or official in or in connection with the exercise of their functions.
- Under the first circumstance, actual use of the weapon or dangerous object; mere carrying or passive display is not enough on the prevailing reading of the statutory verb.
- Under the second, potential dangerousness of the act of violence to life or capacity to cause serious injury, assessed ex ante by an objective danger test.
- Under the third, use of the motor vehicle as an instrument of attack, requiring conduct aimed at the officer and not mere flight or an attempt to evade a checkpoint.
- Under the fourth, a prison context of riot, sit-down protest or collective disturbance, requiring collective and not merely individual conduct.
Points of application
The concept of use of weapons. The Second Chamber of the Supreme Court requires actual use of the weapon with concrete capacity to injure. Mere possession during the events, without intimidating display or use, does not satisfy the aggravation, which must be read restrictively given its severe effect on sentence.
Motor vehicle and intent to attack. The third circumstance requires the vehicle to be driven at the officer. Case law distinguishes attack from a manoeuvre of flight, however dangerous, which falls within the basic offence or, as the case may be, article 556 or the road-safety offences.
Concurrence with injuries. Under the closing words of article 550.1 and settled doctrine, assault concurs with any injuries actually caused under the ideal concurrence of article 77, the aggravation of article 551 not absorbing the injurious result.
Prohibition of double assessment. Where use of the weapon simultaneously grounds the aggravated assault and an unlawful possession offence under article 564, the possible breach of the rule against double punishment and the relationship between the two offences must be examined.
Prison context. The fourth circumstance requires an incident of a collective nature. An individual assault on a prison officer, outside that setting, falls within the basic offence of article 550 without the increase in degree.
Defence strategy
Deny actual use of the weapon or object. It should be established that the object was not used with capacity to injure, or was not even displayed, which brings the facts within the basic offence and opens the possibility of suspension.
Dispute potential dangerousness. Under the second circumstance, evidence as to distance, trajectory, the nature of the object and the officer’s protective equipment should be adduced to exclude the finding of danger to life.
Argue flight rather than attack. In vehicle cases, reconstruction of the trajectory, recordings and the officers’ positions are decisive in excluding an intentional course driven at them.
Challenge the status or the exercise of functions. The aggravation presupposes the basic offence. Action by the officer outside his functions, or excessive use of force, may exclude the assault or found self-defence under article 20.4.
Work on sentencing. Once the sentence is raised by one degree, the defence should focus on the statutory minimum, on the mitigating circumstances of articles 21.4, 21.5 and 21.6, and on any suspension where the outcome allows.
Defence in this area
If you or your company are facing proceedings in this area, the firm provides defence and prosecution in Alicante and Madrid, with 24-hour assistance to detained persons.
Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.
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This page is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the case and requires review of the file by a lawyer. The English rendering of the legal text is unofficial.
Last reviewed: 21 September 2026.
Frequently asked questions
What sentence applies for assault with a weapon?
One degree above that of article 550, placing the range between two years and three months and four years and six months of imprisonment where the victim is a public authority, and between one year and six months and three years in other cases.
Is carrying the weapon enough?
No. Case law requires actual use of the weapon or dangerous object with concrete capacity to injure. Mere possession during the events does not trigger the aggravation.
Is driving away from a checkpoint aggravated assault?
Only where the vehicle is driven at the officer as an instrument of attack. A manoeuvre of flight, however dangerous, falls within the basic offence, article 556 or the road-safety offences.
Can the sentence be suspended?
The increase by one degree frequently takes the sentence above two years, which precludes suspension under article 80 unless mitigating circumstances allow a reduction.
Are injuries to the officer punished separately?
Yes. Assault and any injuries actually caused concur under the ideal concurrence of article 77, the aggravation not absorbing the injurious result.
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