Deutsche Fassung: Tätlicher Angriff auf Vollstreckungsbeamte – Strafe & Verteidigung
Assaulting a Police Officer in Germany: § 114 StGB Explained
A police check after a night out, a push, a flailing arm while being held – and the allegation is no longer just resistance but assaulting a police officer in Germany. Many foreigners do not know that German law sets a minimum prison sentence for this offence, even if nobody was hurt. Often the situation was heated on both sides. It is not right that a moment of panic in a foreign country should lead to a prison sentence on your record. This article explains when § 114 StGB applies, which penalty you face and how your defence works.
What counts as assaulting a police officer in Germany?
German law speaks of a „physical attack“ (tätlicher Angriff): any hostile action aimed directly at the officer’s body during an official act. A punch, a kick, a headbutt or a thrown bottle all qualify. The attack does not have to hit or cause an injury – even a swing that misses can be enough. A merely raised hand or a slight jostle in a crowd, however, usually does not cross the threshold.
How does assaulting an officer differ from resisting arrest?
Resisting under § 113 StGB requires an enforcement act, such as an arrest. A physical attack under § 114 StGB is punishable during any official act – a traffic check, a patrol, the recording of an accident. And it is punished much more severely. The difference between the two often decides between a fine and a prison sentence – see our article on resisting police officers in Germany.
Under § 114 StGB, a physical attack on a police officer is punishable even if the officer is not injured.
What is the penalty for assaulting a police officer in Germany?
The penalty ranges from three months to five years in prison. The law does not provide for a fine as such. Prison sentences of up to two years can be suspended on probation – for first offenders, this is common in practice. In exceptional cases, the court can impose a fine instead of a short prison sentence (§ 47 StGB). It then amounts to at least 90 daily rates.
| Feature | Resisting (§ 113 StGB) | Physical attack (§ 114 StGB) |
|---|---|---|
| Conduct | Force or threat against an enforcement act | Hostile action against the officer’s body during any official act |
| Penalty range | Fine or up to 3 years | 3 months to 5 years |
| Fine possible? | Yes | Only exceptionally, at least 90 daily rates |
| Especially serious case | 6 months to 5 years | 6 months to 5 years |
When is it an especially serious case?
The penalty rises to six months to five years if you or another participant carries a weapon or dangerous tool, if the officer is put in danger of death or serious injury, or if the attack is committed jointly with others. The same protection applies to paramedics, emergency doctors and firefighters (§ 115 StGB).
Will you be detained as a visitor after attacking an officer?
The risk is real. Because the law threatens a prison sentence, a simple security deposit is usually not enough. Visitors without a residence in Germany may be held for an accelerated trial or face an arrest warrant based on a risk of flight. Your options in that situation are explained in our article on pre-trial detention in Germany.
Bodycam and bystander videos often show a different picture than the police report – they can decide the case.
What if you are under 21 or live in Germany?
Young adults aged 18 to 20 – many exchange students among them – can be tried under juvenile law, where education rather than punishment comes first. For expats, the focus is different: even a suspended prison sentence can affect your residence permit, your job and a later naturalisation. Avoiding a prison sentence altogether is therefore often the decisive target.
How can I help you if you are accused of assaulting an officer?
As your defence lawyer, I request the file and all bodycam and bystander footage, check whether there really was a hostile attack – or a reflex while being restrained – and whether self-defence applied. All in English. Until then: say nothing about the incident. The goal, at best, is a discontinuance or at least a result without a prison sentence on your 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.
