Why foreigners get caught out
In resort fights, the police often arrest whoever is still at the scene, and witnesses may be friends of the other party. The medical report and the CCTV decide the case, and the CCTV is deleted within days. Asking for it immediately, and not making a statement before seeing it, is crucial.
Types of assault in Spanish law
Injury requiring treatment (art. 147.1)
Causing an injury that objectively requires medical or surgical treatment, in addition to first aid: prison of three months to three years or a fine of six to twelve months. Mere monitoring of the injury is not treatment, but stitches usually are.
Minor injury (art. 147.2)
An injury that does not require treatment: a fine of one to three months. It is a minor offence (delito leve) that can only be prosecuted if the victim files a complaint.
Assault without injury (art. 147.3)
Hitting or mistreating someone without causing injury: a fine of one to two months, also only on complaint.
Aggravated assault (art. 148)
An injury requiring treatment can be punished with two to five years if weapons, objects or dangerous methods were used, if there was cruelty or treachery, or if the victim was a child under fourteen, a vulnerable person or the attacker's partner.
Serious injuries (arts. 149 and 150)
Loss of an organ, limb or sense, serious disfigurement or serious illness: six to twelve years. Loss of a non-principal organ or limb, or disfigurement: three to six years.
Injuries to a partner (art. 153)
Assaults on a partner or ex-partner have their own regime. See domestic violence charges.
How assault charges are defended
- Self-defence: an unlawful attack, a reasonable response and no sufficient provocation.
- The medical report: challenging whether there was real treatment, to reduce the charge to a minor offence.
- Identification: in group fights, proving who did what.
- Mutual fight: when both sides agreed to fight, both may be convicted, often with lower penalties.
- Compensation paid before trial, which reduces the sentence.
Fast-track trial and plea deals
Most assault cases go to a fast-track trial. The prosecutor may offer a plea deal with a one-third reduction. For first offenders, prison sentences can usually be suspended, but a conviction leaves a record.
If you are the victim
Go to a doctor, keep the medical report, report the assault and identify witnesses. You can join the case with your own lawyer and claim compensation for the days of recovery and any after-effects. See victims of crime.
A practical example
A Welsh tourist was arrested in Magaluf after another man needed stitches following a fight. We obtained the bar's CCTV, which showed the other man attacking first with a glass. The judge found incomplete self-defence and imposed a reduced fine, with no prison sentence. More in Spanish on our sister site: delito de lesiones, and on the firm's main website: assault (lesiones).
Before you sign or say anything, call a lawyer
In a Spanish criminal case, what happens in the first hours shapes everything else. Call or WhatsApp us and an English-speaking criminal lawyer will tell you, in confidence, what to do next.
Questions about assault charges in Spain
Are stitches considered medical treatment in Spain?
Generally yes. Courts usually treat stitches as treatment, which turns a minor offence into a crime.
Can the victim withdraw an assault complaint?
For minor injuries and assault without injury, yes. For injuries requiring treatment, the case continues.
Will I go to prison for a fight in Spain?
First-time offenders with sentences of up to two years usually have them suspended.
Can I plead self-defence?
Yes, if you were attacked unlawfully and your response was reasonable. Evidence such as CCTV is key.