Criminal Defense Lawyer for Minor Injuries in Madrid
If you are reported for injuries following a fight, an argument or a road traffic altercation, the line between a minor offence and a serious one is drawn by the medical report, not the complaint. Do not give a statement without a lawyer by your side. We take the call ourselves. 24-hour line: 681 256 507.
Criminal defense lawyer for minor injuries in Madrid, available 24 hours
In injury cases, almost everything is decided by one medical fact: whether the wound only required initial first aid or whether genuine treatment was needed. Whether the matter is a minor or a serious offence depends on this. We are criminal defense lawyers in Madrid and we defend both those reported for injuries and those who have suffered them, always in different cases: never both parties. We handle the case ourselves from start to finish, without passing you from one lawyer to another.
Minor offence of injuries
Defense in cases where the injury only required initial medical attention, with no follow-up treatment. This is a minor offence, punished with a fine, and steering the case back to that classification from a more serious charge is often the first task.
Battery (maltrato de obra)
Striking or pushing someone without causing an injury that requires treatment constitutes battery, a minor offence punished with a fine. We argue that there was no real harm and highlight the context of the altercation.
When the medical report confirms medical or surgical treatment was needed, the injury falls under the offence carrying a prison sentence. A defense forensic medical expert report is decisive in disputing that boundary and steering the classification back.
What we do if you are reported for injuries or there is a medical report
Whether you have been detained following a fight or summoned to give a statement over a medical injury report, what you do before your first statement will shape the whole case. Here is what we do with you from the moment you call:
We answer your call.
We identify the court or police station, the content of the complaint and the medical report, and your procedural situation, and we activate the defense immediately.
We give you initial guidance.
You have the right to remain silent and not to give a statement without your lawyer. We explain what is in your best interest before any appearance.
We go to the court or police station.
A lead lawyer travels to the examining court or police station, in Madrid city or the Henares Corridor.
We speak with you privately.
In the private consultation, before you give your statement, we prepare with you the account of events, the context of the altercation and the medical evidence that should be submitted.
We assist you during your statements.
Before the judge and, where applicable, before the police, we handle every statement carefully and propose the forensic medical expert report that supports your position.
We provide this assistance ourselves, 24 hours a day, every day of the year. Madrid city, the Henares Corridor and throughout Spain.
How we argue that the injury is minor and not serious
Whether your case is minor or serious is not decided by the complaint or by how much it hurts, but by the medical report. The question is simple: was a single initial treatment enough, or was further treatment needed to heal?
- Initial treatment only. If there was only a single initial treatment (what the law calls first medical attention), this is a minor offence of bodily harm, punishable by a fine.
- With treatment. If further treatment was required, it becomes a less serious injury, carrying a prison sentence.
That line is often disputable, and this is where the forensic doctor’s report we obtain is usually decisive.
Lines of defence against a complaint for bodily harm
When facing a complaint for bodily harm, we fight on several fronts at once:
- Authorship. Whether it was really you who caused the injury, and not some other cause.
- Self-defence. If you were responding to a prior attack.
- Mutually accepted fight. If the fight was consented to by both parties, responsibility is shared.
- Lack of actual treatment. Very often the medical report fails to prove this, so the case should be treated as minor.
We prepare all of this from the outset, without waiting for the trial.
If you are the injured party: private prosecution
If you are the one who has suffered the injury, we take on your representation as private prosecution to move the case forward, establish the real extent of the injuries and claim the compensation you are entitled to for days of recovery, after-effects and expenses. Here the work goes the other way round: properly documenting the evidence that treatment was needed, not just initial attention:
- The medical report. Well documented from day one.
- Follow-up reports.
- Expert evidence. Supporting that treatment was required, not just initial attention.
Proceedings are always handled separately: we never represent both the accused and the injured party in the same case.
24-hour assistance if you are facing a complaint for bodily harm
Tel. 681 256 507 · [email protected]
What penalties you face for an offence of bodily harm
The penalty depends, above all, on the medical severity of the injury and the circumstances in which it was caused:
- Minor offence of bodily harm (only initial attention, no further treatment): fine.
- Physical assault without injury (striking without causing injury): minor offence, punishable by a fine.
- Basic or less serious injury (requiring medical or surgical treatment): three months’ to three years’ imprisonment, or a fine.
- Aggravated injury (use of weapons or dangerous means, cruelty, or a particularly vulnerable victim): two to five years’ imprisonment.
The minor offence and physical assault without injury are tried through the minor offence trial before the Court of Instruction, where an agreement with the complainant can often be reached; the basic-type injury is tried through the abbreviated procedure before the Criminal Court of Madrid.
Defence in bodily harm cases throughout the Community of Madrid
Cases of bodily harm in Madrid are investigated at the Plaza de Castilla Examining Courts and tried before the Criminal Courts of Madrid or, in the case of minor offences, by the examining court itself. We also take on proceedings in the judicial districts of the Henares Corridor (Alcalá de Henares, Arganda del Rey, Coslada) and throughout the Community of Madrid. Our office at Goya 20 is just a short walk from the main courts in the city centre.
Your bodily harm lawyer, privately instructed rather than court-appointed
In a bodily harm case, where almost everything turns on the medical evidence and the legal classification of the injury, court-appointed representation covers the formalities but rarely allows enough time to prepare a forensic medical report for the defence. Choosing your lawyer by private instruction means that the same firm that studies your medical report is the one that answers your calls, explains each step and attends the hearing with you. No intermediaries: we handle your case ourselves, from start to finish.
How we handle your bodily harm case, step by step
From the first call after a complaint or a medical report through to the final judgment and any appeal, we work every case with the same method. We apply it equally to a minor bodily harm offence and to a basic-type injury.
First contact
We deal with you directly, by phone or in person, even outside office hours. We assess the procedural situation and the content of the complaint and set the defence in motion from that moment.
Case analysis
We review the A&E medical report, the police report, the witnesses and, where relevant, any recordings. From the outset we assess whether the report shows treatment or only first aid, since the legal classification depends on this.
Strategy and preparation
We design the technical strategy: challenging causation, self-defence, mutually accepted affray, reclassification as a minor offence and, where appropriate, an agreement with the complainant. We prepare each stage together with you.
Defence at trial
We defend you at the oral hearing before the Examining Court, in minor offence cases, or before the Criminal Court in basic-type cases, and we appeal before the Provincial Court of Madrid when appropriate.
Frequently asked questions about the offence of bodily harm in Madrid
My report says it's minor but the discomfort lasted for months. Can it be upgraded to a serious offence?
What determines the legal classification is not how long the discomfort lasted, but whether the report shows medical or surgical treatment beyond first aid. If it does, the injury is no longer classed as minor. That is why we carefully review the report and any follow-up records.
Can I request suspension of the sentence for bodily harm?
Yes, in many cases. Where the resulting sentence is moderate, there is no prior record preventing it and civil liability is addressed, suspension of the prison sentence is possible. We assess this based on the final classification and your circumstances.
When does the minor offence of bodily harm become time-barred?
The minor offence of bodily harm becomes time-barred within a short period, much shorter than for the basic-type offence. If the complaint is filed out of time, this limitation period can lead to the case being dismissed. It is worth reviewing the dates on the report and the complaint from the very outset.
Does a conviction for minor bodily harm create a criminal record?
A minor offence (delito leve) is punished with a fine and, as such, can create a criminal record for as long as it remains uncancelled. That’s why, even though it may seem like a minor matter, it’s worth defending properly: a reclassification, a settlement or a dismissal can avoid that consequence.
Is a plea agreement possible in bodily harm cases?
Yes. In minor offences it’s common to reach an agreement with the complainant that leads to dismissal, and in the basic offence a guilty plea (conformidad) may be an option when it’s genuinely the best route. We only recommend it when it truly improves your position compared with going to trial.
Our office at Goya 20, Madrid
Estudio Jurídico Cervantes & Gª-Escribano
Book an initial assessment or call us directly. We see clients at Goya 20, by phone and by video call, with the confidentiality that professional practice requires.
- Calle Goya 20, 1st Floor Left · 28001 Madrid
- 681 256 507 · 24 hours, every day
- [email protected]
- Monday to Friday · 9:00 am – 7:00 pm (assistance to detainees 24/7)
Call a lawyer for minor injuries offences in Madrid
A bodily harm case is won or lost in the first moves: how the medical report is read, what classification is at issue, and the version of events set out in the first statement. The sooner you call us, the more room we have to act. We assist clients directly, in Madrid and throughout Spain. Call us on 681 256 507.
