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Table of contents
assault
open articulation article
overt violence lawyer
difference overt violence and assault
Of open violence in cases of open assault
lawyer criminal law overijssel
lawyer criminal law enschede
criminal law enschede
criminal lawyer enschede
pro bono lawyer
In Enschede, Overijssel, the criminal lawyers at Derbedrosian Criminal Lawyers are ready to provide you with legal assistance. Our lawyers in Enschede are specialists in criminal cases and offer professional assistance, including in cases of open assault. Open assault, as described in Article X of the Penal Code, is a serious criminal offense. If you have been charged with open assault, it is essential to hire an experienced open assault attorney. It is important to understand the difference between open assault and assault, as these terms have specific legal definitions. If you do not have the financial resources to pay for an attorney, you may qualify for a pro bono attorney, which means the government will cover the cost of your legal defense. This is an option available to those with limited financial resources. Contact Derbedrosian Criminal Lawyers in Enschede for legal assistance in cases involving open assault, assault, or for information about the option of a pro bono attorney. Our attorneys are ready to assist you in your legal case.
Public violence can be advanced against persons or property. It often requires a trial with evidence such as witness statements and camera footage. It is essential to call witnesses, especially if their statements are different from yours.
What constitutes overt violence?
Open violence is a crime in which violence is used against both property and persons. It is of note that someone in the group does not necessarily have to commit violence themselves; even the acquisition of resources or encouragement of violence can lead to charges of overt violence. Violence is defined as the use of physical force against persons or property, resulting in disruption of public order. It can range from kicking and punching to throwing objects, and it usually takes place in public spaces, such as on the street or in public buildings, even without the presence of members of the public.
What is the difference between assault and assault?
Assault and battery are criminal offenses with similarities and differences. They both involve physical violence, but differ in nature and location.
- Agreements: Both are criminal offenses.
Both cases involve physical violence. - Differences: Violence is often group violence in public spaces, while assault usually targets individuals, either privately or publicly. Assault can include involvement of others, while assault is usually a direct act by 1 person.
In short, assault has a group character and takes place in public spaces, while assault targets individuals and can take place in private as well as in public. An example is a brawl between soccer fans, where all involved can be considered suspects, regardless of whether they actively participated in the violence or supported the group in any way.
Both assault and overt violence are often considered serious crimes.
Police questioning overt violence
A police interrogation refers to the process by which police question suspects of open violence as part of an ongoing criminal investigation.
We have listed in order below the most important aspects of a police interrogation in cases of overt violence:
- Purpose of interrogation: The main purpose of a police interview is to gather evidence and information related to the suspicion of open assault. This may include identifying suspects, determining what happened and collecting witness statements to further investigate the case.
- Rights of the accused: Suspects of open assault have certain rights during police questioning, such as the right to remain silent, the right to legal counsel, and the right to know what they are accused of. These rights are designed to ensure that the interrogation is fair and just.
- Interrogation techniques: Police can use various interrogation techniques to obtain information, including asking questions of the suspect, confronting evidence and collecting witness statements. The goal is to clarify factual events and uncover the truth.
- Reporting: During the interrogation, a record is made of the statements of the suspect and any witnesses. This report is later used in the criminal investigation and may be introduced as evidence at trial.
- Legal Assistance: Suspects have the right to be assisted by an attorney during police questioning. A lawyer can provide advice on how to respond to questions and can ensure that the suspect's rights are protected.
Police interrogation is an important part of the process of finding out the facts and identifying and prosecuting suspects. It is important that this interrogation follow procedures to ensure the rights of all involved. Whether these are suspects or victims.
Punishment for overt violence
The maximum penalty for overt violence is imprisonment for four years and six months or a fourth-category fine (€22,500), as stipulated in Article 141 of the Penal Code.
However, this penalty maximum can be increased under certain circumstances, as stipulated in Article 141(2) of the Penal Code.
The penalty may be increased if:
- Deliberately intentional: the defendant intentionally destroyed property or used violence against the victim.
- Injury: the violence results in serious physical injury to the victim.
- Death: violence leads to death of the victim.
In such cases, the maximum prison term may be increased to 12 years, and a fifth category fine may be imposed. Criminal law takes into account the seriousness of the acts committed and whether the punishment fits the justice and proportionality of the punishment.
Attorney for open assault
Open assault requires the participation of multiple people. It can be difficult to pinpoint the correct culprits because of conflicting statements from witnesses and co-defendants. It is essential to seek legal help if you are accused or a victim of open assault. As mentioned earlier, open violence can carry serious consequences such as a criminal record, various penalties such as community service or jail time, and affect obtaining a Certificate of Good Conduct (VOG). It is wise to seek timely legal advice to discuss your case and protect your rights.
Law firm Der Bedrosian has specialized lawyers in open violence.
Our lawyers have extensive experience in criminal law and can therefore offer you professional assistance in cases involving open assault. If you are looking for an experienced attorney in cases involving charges of open assault, please feel free to contact us for further information and personalized advice.
Der Bedrosian Law Firm is an independent law firm specializing in criminal law, asylum and immigration law and social security law.
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