An assault typically involves two parties, one being the perpetrator and the other the victim. Have you been charged with or been a victim of assault? Download our instructions for both situations. You should always consult a lawyer in a criminal case, whatever your situation.
Assault as a criminal offence
In criminal law, assault is defined as the act of inflicting physical violence on a victim or harming the health of another person without inflicting such violence. Putting the victim in a state of unconsciousness is also considered as assault. Typical acts include hitting, kicking and strangling. Physical violence is most often manifested in pain or injury to the victim. Incapacitation involves, for example, secretly mixing narcotic drugs into the victim's drink.
Assault is a punishable offence and carries a fine or imprisonment of up to two years. The typical penalty for assault is a fine of 40 to 80 days, unless the offence is particularly serious. The standard practice is to impose a fine of around 60 days for a blow to the head, for example. If the assault is by strangulation or kicking to the head, a short prison sentence may be imposed. If the offender has no previous convictions, the prison sentence is suspended. It is rare for an assault offence alone to result in a suspended prison sentence. It is most often used when the offender has a number of assaults in the last few years.
Damages resulting from assault
Victims of assault are entitled to compensation for pain, suffering and temporary and permanent harm under the Damages Act. Medical expenses and any loss of earnings incurred as a result of the assault will also be compensated. The level of compensation in Finland is moderate:
- Typical damages for pain and suffering following a fist fight are between €500 and €1,500.
- If the offender has also made threats in connection with the assault, this may also include compensation for damages.
- Typical compensation for damages is between €500 and €1,000
Aggravated assault
Aggravated assault requires that the assault causes particularly serious injury, serious illness, life-threatening condition or other serious consequence to the victim. The offence may also be considered aggravated if the violence as a whole is particularly brutal or cruel, or if the offence is committed with the use of an instrument or method which endangers life. It is also required that the offence, taken as a whole, is serious. The range of penalties is between one and ten years' imprisonment, so aggravated assault is often accompanied by a real threat of unconditional imprisonment.
Compensation for aggravated assault are governed by the law on damages. Victims are entitled to compensation for pain and suffering, temporary harm, permanent harm and loss of earnings, among other things. As the consequences of the offence are usually serious, the average compensation amounts are also significantly higher than for less serious assault offences.
Minor assault
Minor assault occurs when the act is minor when considered as a whole. Typically, the violence was minor, the pain or injury caused was mild and short-lived, and the act did not involve the use of a life-threatening instrument or violence to particularly sensitive parts of the body. Minor assault is punishable by a fine and the form of the act is clearly less reprehensible than the basic form of assault.
Compensation for minor assault are also determined on the basis of the Tort Claims Act, but the level of compensation is generally lower than for a basic form of assault, because the injuries and damage caused are also less severe.
Lawyer assisting an assailant
The investigation of the suspected assault will start with an interview by the police. During the interview, the suspect has the right to request the assistance of a lawyer. The lawyer's task is to ensure that the interrogator does not ask overly leading questions. The lawyer also ensures that the person being questioned understands his or her rights and obligations.
Before the hearing, the suspect always has the right to consult a lawyer. This consultation is very important, as it can help to determine the most advantageous way for the suspect to advance his or her case. During the consultation, the lawyer will tell you what to say during the questioning and what to say that could lead to a weakening of your position in the future. Sometimes the interrogator will not ask questions that are relevant to the suspect. In this case, the lawyer has the right to ask the suspect more specific questions, so that the suspect can bring out all the points that are in his or her favour.
Admission of the act
If the suspect wants to admit the offence and help to solve it, he or she can get a lighter sentence. In addition to confessing, there is usually a requirement to do something to help the victim. Such an action could be, for example, a voluntary payment of damages to the victim before the trial. Normally, in such a situation, the daily fine can be reduced by 20 to 40 %. In addition, the trial no longer has to deal with the damages issue, so the proceedings are shorter and require less preparation. Shorter proceedings always mean lower legal costs.
Mediation
In the best case, the parties can reach an amicable settlement and avoid litigation. This is done in a special mediation session, where both the victim and the perpetrator present their side of the story and try to reach an agreement. Mediation is facilitated by trained mediators and may include an agreement to pay compensation to the victim. Mediation results in a settlement agreement, which is submitted to the police and the prosecutor.
The absolute advantage of mediation is the speed of the process. It can take more than a year from the assault to the police summoning the parties for questioning. It can take a further six months from the hearing to the conclusion of the investigation, after which the case proceeds to prosecution. It can take a year for the prosecutor to decide whether or not to prosecute. A possible trial typically follows six months after the indictment. In other words, the first court hearing will not take place until two years after the assault itself. If leave to appeal to the Court of Appeal is sought and granted, the Court of Appeal hearing will take place 1 to 2 years after the District Court hearing. In this case, 4 years may have passed since the event itself.
Denial of the offence
Sometimes, however, there may also be a reason to deny the act. For example, the assault may have been an act of self-defence. Pre-emptive action means defending oneself or someone else from an immediate attack. Emergency action is always assessed on a case-by-case basis and must be proportionate and defensible. At times, it may be excessive, in which case it is referred to as over-reaction. If the court decides that the act is an act of reckless endangerment, the perpetrator is exempt from punishment. Exaggeration can also lead to an acquittal, but typically it results in a much lighter sentence. Exaggerating an act of reckless endangerment also removes liability for damages, and exaggerating an act of reckless endangerment reduces the amount of compensation awarded.
There may also be mitigating circumstances for an act of assault. For example, exceptionally persistent provocation by the other party may justify a lower sentence. There may also be grounds for applying mitigation provisions to assault. If the offender has suffered negative consequences in other ways, such as self-harm or public condemnation, the court may consider reducing the sentence on the grounds of mitigation.
The victim of an assault may also exaggerate the events and claim excessive damages. By contacting a lawyer, you will ensure that all the facts presented to you are brought to light in both the investigation and the court proceedings. A lawyer will also help you to counter claims of overcompensation. In the most serious cases, witnesses close to the victim who are heard in court may give false or untrue information. In such cases, it is the lawyer's task to conduct a careful cross-examination and prove the inconsistency of the story. A witness who lies is guilty of making a false statement, which is always punishable by imprisonment - usually suspended.
Victim of assault
Being a victim of assault is often an emotionally difficult experience. Victims can be plagued by uncertainty about the criminal justice process and about their rights and possible financial compensation. Victims of assault are covered by legal expenses insurance, so it is advisable to contact a lawyer immediately after the incident. A lawyer can advise you, for example, on the amount of the financial claim.
The role of a lawyer is to act supporting the victim from the beginning of the process until sentencing. In court, a lawyer's main task is to pursue claims for financial damages. As a rule, the prosecutor does not pursue the victim's claims for damages. The lawyer also supplements the prosecutor's arguments for punishing the perpetrator if the prosecutor has missed something relevant to the case. When the perpetrator loses the case, the victim's legal costs will be ordered to be paid by the victim. However, if the perpetrator is indigent, it is not possible to recover the damages awarded to the victim or the victim's legal costs. In this case, legal expenses insurance is necessary.
The victim may also want to consider mediation. Sometimes the victim and the offender are close and it is better to resolve the matter in mediation than in court. With a lawyer, the conditions for mediation can be carefully weighed against the damages that may be agreed, making it easier for the victim to decide whether to accept a settlement.
Contact a lawyer
Whether you are a suspect or a victim of a crime, you should always contact a lawyer. This article was written by Lawyer Samvel Margarjan, from Amos Law Office Ltd. You can always call him for a free 15-minute consultation call, tel. 010 299 5090.
More of Samvel's writings:
What is a restraining order?
How to mediate a dispute with a child?