Deutsche Fassung: Körperverletzung: Welche Strafe droht Ihnen?

Assault Charge in Germany: What Penalty for a Punch? (§ 223 StGB)

A headbutt, a punch or a slap – an assault charge in Germany often starts with a few seconds in a bar, a club, at a football match or on the way home. Perhaps you are visiting Munich and the police took a security deposit. Perhaps you live and work here and a letter from the police has just arrived. Either way, one question keeps you awake: what penalty do you face? It is not fair that a single moment should put your money, your job and your record at risk – in a legal system you do not know. This article explains what a charge under § 223 StGB means and how you can influence the outcome.

A single punch counts as bodily harm under § 223 StGB – the penalty in Germany depends on the injuries and your record.

What counts as assault under German law?

German law calls it bodily harm (Körperverletzung). It covers any physical mistreatment or damage to health – a punch, a kick, a slap or a shove that causes pain or injury. No serious injury is required. A bruise or a split lip is enough. If a glass, a bottle or several attackers are involved, the charge becomes dangerous bodily harm with much higher penalties.

What is the penalty for an assault charge in Germany?

Simple bodily harm is punishable by a fine or up to five years in prison. For a punch without lasting injuries, first offenders usually receive a fine or the case is dropped. Prison sentences of up to two years can be suspended on probation (§ 56 StGB). A realistic forecast is only possible once I have seen the case file.

Why a blow with a beer stein or bottle is treated so much more harshly is explained in our article on beer stein and bottle assault.

Does the victim have to press charges?

Not necessarily. Simple bodily harm is prosecuted if the injured person files a complaint within three months – or if the prosecutor sees a special public interest (§ 230 StGB). After fights in public places, prosecutors often affirm this interest. A withdrawn complaint therefore does not automatically end your case.

How is a fine calculated in Germany?

German fines are imposed in daily rates (§ 40 StGB). The number of daily rates reflects the seriousness of the offence. The amount of each rate is roughly your monthly net income divided by 30. If the court does not know your income, it may estimate it. Such estimates are often too high – correcting them is one of the first things I check for you.
How to challenge an overestimated fine is explained in our article on the penalty order in Germany.

What if you were arrested while visiting Germany?

Visitors without a residence in Germany – after a night out, a football match or Oktoberfest – usually have to pay a security deposit and name a recipient for court mail. The case continues after your flight home, often with a penalty order (Strafbefehl). You have only two weeks to object (§ 410 StPO). How this works is explained in our article on the security deposit for foreign suspects.

What if you live and work in Germany?

For expats and international students, the consequences go beyond the penalty. Employers often ask for a certificate of conduct. Criminal convictions can also play a role for residence permits and naturalisation. Fines of up to 90 daily rates are generally disregarded for naturalisation (§ 12a StAG). For your defence, this threshold is therefore often the decisive target.

Does alcohol reduce the penalty for assault?

Sometimes. From around 2.0 per mille (0.2 % BAC), the court must examine diminished responsibility (§ 21 StGB). It may then reduce the penalty, but it does not have to. Voluntary heavy drinking is often held against the defendant. Whether a blood test from your arrest helps you is a question of detail.

How can you positively influence the outcome?

With violent offences, victim-offender mediation (§ 46a StGB) carries real weight. If you compensate the injured person, for example with damages for pain and suffering, the court can reduce the penalty or even refrain from one. The prosecutor can also drop the case for minor guilt (§ 153 StPO) or against a payment (§ 153a StPO). As your defence lawyer, I negotiate these solutions for you – in English, and for visitors usually without travelling back.

A penalty order for assault often arrives weeks later – the two-week deadline for an objection may already be running.

Will you have a criminal record after an assault conviction in Germany?

Every conviction is entered in the German Federal Central Criminal Register. In the German certificate of conduct, however, a first fine of up to 90 daily rates does not appear. For EU citizens, German convictions are generally reported to their home country, where national law decides how they are recorded. The goal, at best, is a discontinuance – so that no conviction exists at all and a single bad night stays a bad night, not a criminal record.

What are the defence lawyer’s final tips?

Defence lawyer’s tip 1: The earlier you involve a lawyer and the earlier they can steer the case, the better the results that can usually be achieved in your investigation or criminal proceedings.
Defence lawyer’s tip 2: Always make use of your right to remain silent! It is one of your most important rights as a suspect. You do not have to incriminate yourself. Do not make any statement about the allegations. Do not attend a police summons for questioning either – contact a lawyer specialising in criminal law first.

Please do not talk to the police – talk to me!

Next steps:

• Contact me at +49 89 228433-55.
• You receive an appointment within 48 hours.
• We discuss your case, including an assessment of your prospects.
• Once instructed, I request access to the case file.
• As soon as the file is available, we plan our strategy together.