What are violent crimes?
Violent crimes are criminal offenses in which violence is used against persons. The most common violent crimes in the Netherlands include:
- Simple assault
- Aggravated assault
- Public violence
- Threatening
- Manslaughter or murder
- Robbery with violence
These offenses can range from a push or a slap to severe physical injury or even death.
When is there a case of severe physical injury?
Severe physical injury is injury that is serious and has a long-term or permanent impact on someone’s physical health. It is therefore not about a bruise, a contusion, or a (superficial) wound that heals on its own, but about complaints that are larger and more lasting. Whether an injury is seen as “severe” is determined based on the following three perspectives:
- How serious is the injury?
- Is medical intervention necessary for recovery?
- Will the victim recover fully?
The final assessment of whether there is severe physical injury lies with the judge. They base this on medical reports, witness statements, and the circumstances of the incident. Every case is different, so the total picture is always considered. The following forms of injury are often classified as “severe” in criminal law:
- Bone fractures for which surgery is necessary
- Serious dental damage, such as the loss of teeth, where medical treatment is required
- Loss of sight or hearing
- Paralysis
- A noticeable or disfiguring scar on the face
- An unwanted or deformed tattoo that remains permanently visible
- Infection with a serious virus, such as HIV
What is the difference between assault and public violence?
The difference between assault and public violence is of great importance both legally and practically. Although these offenses regularly overlap in practice, they differ substantially in nature and requirements for liability. Furthermore, public violence carries heavier penalties than the various forms of assault.
Assault is essentially the intentional infliction of pain or physical injury to another. The purpose of this criminalization is the protection of physical integrity.
Public violence is essentially the collective use of violence against persons or property in public. The purpose of this criminalization is the protection of public order.
Where assault can thus be committed by one person and can also take place in the private sphere, public violence requires that at least two persons are involved in the violence and that the violence takes place in a public spot where it can be visible to bystanders. In addition, in the case of assault, the perpetrator must in principle have used violence themselves (unless there is a case of complicity or joint perpetration), whereas this is not necessary for public violence. For a conviction for public violence, it is sufficient that the perpetrator was part of the group and supported the violence, for example by encouraging co-perpetrators.
Is attempted assault punishable?
Attempted simple assault is not punishable. Someone who, for example, wants to hit another hard in the face but misses, cannot be punished. Attempted aggravated assault, on the other hand, is punishable. Think of the situation where someone wants to hit another with a car at high speed but misses. In that case, the driver can be prosecuted. The law makes this distinction because aggravated assault involves a more serious crime with much heavier consequences.
What penalty can you receive for a violent offense?
The penalty for a violent crime depends on the severity of the act, the injury to the victim, and any aggravating circumstances.
- Threatening: maximum 3 years imprisonment
- Simple assault: maximum 3 years imprisonment
- Public violence
- No injury: maximum 4 years imprisonment
- Some injury: maximum 6 years imprisonment
- Severe physical injury: maximum 9 years imprisonment
- Resulting in death: maximum 12 years imprisonment
- Aggravated assault: maximum 8 years imprisonment
- Manslaughter: maximum 25 years imprisonment
- Murder: life imprisonment or maximum 30 years
The judge can also impose a fine, community service, suspended sentence, or compensation, depending on the circumstances.
What are aggravating circumstances?
Aggravating circumstances are factors that increase the severity of the violent crime and can lead to a higher penalty. Examples include:
- Use of a weapon
- The victim is a public official on duty (such as a police officer)
- The violence is committed against a child or vulnerable person such as the elderly
- There is premeditation
- The violence took place in a domestic setting
- The victim has sustained permanent injury
These circumstances are weighed negatively by the judge when determining the sentence.
Why hire a lawyer if you are suspected of a violent offense?
A conviction for a violent crime can affect your future. You may not only risk a prison sentence. You could also face problems in the future obtaining a Certificate of Good Conduct (VOG). Your lawyer helps you prevent these unpleasant consequences. Our criminal defense lawyers have extensive experience with these types of criminal cases. Based on your case file, they will look for the best defense strategy in your criminal case. Your lawyer will investigate for you whether an acquittal might be possible in your case. Feel free to contact us without obligation to discuss the possibilities together.
