Have you been reported for an injury crime in Malaga? What to do, what penalty they can impose on you, and how to defend yourself

Receiving a report for injury crime in Malaga is a serious situation that can carry prison sentences, fines, and a criminal record. If you are facing this type of procedure, you need to act quickly and with the support of a criminal lawyer with experience in Malaga.

In this article, we explain what to do if you have received a report for injury crime in Malaga, what the Penal Code says, the applicable penalties, and how you can organize your legal defense with guarantees.

What is a report for injury crime in Malaga and where is it regulated?

The injury crime is regulated in articles 147 to 156 ter of the Penal Code. It consists of causing another person damage that affects their physical integrity or health, whether physical or mental.

For a crime to exist, the damage must require medical or surgical treatment (a simple emergency cure is not enough). That is, injuries such as fractures, deep wounds, internal injuries, or accredited psychological injuries are criminally prosecutable.

You can consult the complete articles in the Penal Code – BOE.

Protected legal right and defense against a report for injury crime

The legal right that this crime protects is bodily integrity and health. This includes both the physical and psychological dimensions of the person.

Criminal Law in Spain, and in Malaga as part of its jurisdiction, seeks to prevent these fundamental rights from being injured by violent or reckless acts. That is why not every fight or aggression is considered a crime: there must be a real, demonstrable, and relevant injury.

Elements of the criminal type in the injury crime

For it to be considered an injury crime, these elements must concur:

• Active subject: can be any person who causes the injury. No specific qualification is required, so any citizen can be criminally responsible for this crime.
• Passive subject: is the person who suffers the damage or injury. It must be different from the author, since self-harm is not punishable in our legal system.
• Material object: is the human body and its normal functioning, whether from a physical or psychological point of view. Health is protected as a state of integral well-being.
• Typical action: is the conduct described in article 147 of the Penal Code, which translates into causing damage to the health or integrity of another person, whether by physical, chemical, or other means.
• Harmful result: there must be a substantial alteration of the physical or mental health of the victim, beyond a simple annoyance or momentary alteration. It is essential that medical or surgical treatment is required.

In the criminal courts of Malaga, these elements are examined in detail, so it is essential to have a lawyer who knows how to refute each point with evidence.

Types of injury crime and applicable penalties

The Penal Code establishes different modalities of the injury crime, which vary depending on the seriousness of the facts, the intention of the author, the means used, and the situation of the victim. Each case will be assessed individually by the criminal courts of Malaga, taking into account its specific circumstances.

Basic Injuries – Article 147 CP

• Victim needs medical or surgical treatment (beyond simple first aid).
• Penalty: from 3 months to 3 years of prison, or a fine of 6 to 12 months.
• Example in Malaga: fight in a leisure venue with a contusion or mild fracture.

Aggravated Injuries – Article 148 CP

• Use of weapons or dangerous instruments, treachery, cruelty, acting in a group, vulnerable victim…
• Penalty: from 2 to 5 years of prison.
• Example: aggression with a broken bottle in a couple’s argument in Malaga.

Injuries due to serious recklessness – Article 152 CP

• There is no intention to cause damage, but there is serious negligence.
• Penalty: between 3 months and 3 years of prison, or a fine, and even professional disqualification.
• Example: traffic accident in Malaga using a mobile phone that causes injuries to the co-driver.

Consented Injuries – Article 155 CP

• The victim consents to the aggression (e.g., agreed fights).
• Penalty: reduction compared to what would correspond for basic or aggravated injuries.

Injuries with mutilation result – Articles 149 and 150 CP

• Loss of limbs, organs, senses, or serious neurological damage.
• Penalty: from 6 to 12 years (art. 149) and from 3 to 6 years (art. 150).

What to do if you receive a report for injury crime in Malaga?

If you have received a police or judicial summons in Malaga for an alleged aggression or injury crime, we recommend:

1. Do not testify without the assistance of a criminal lawyer.
2. Collect documentation and evidence: medical reports, witnesses, recordings…
3. Assess whether there was a cause of justification (legitimate defense, accident…).
4. Contact a firm specializing in Criminal Law in Malaga as soon as possible.

Each step can be key to avoiding a conviction.

Having a criminal lawyer in Malaga makes the difference

At Babot Aranguren Abogados, in the heart of Malaga, we have successfully defended many clients accused of injuries. An expert lawyer can:

• Analyze the validity of the report.
• Check if there is a crime or misdemeanor.
• Explore mitigating or exempting circumstances to reduce the penalty.
• Negotiate a beneficial agreement with the prosecutor.
• Defend you effectively in court.

Conclusion

A report for injury crime in Malaga is a serious matter. You can face prison sentences, fines, and a criminal record that affects your personal, work, or family life.

If you are in this situation, the most important thing is to act quickly and with the support of a criminal lawyer specializing in injuries.

Contact us today. We will evaluate your case and design a legal strategy tailored to your needs.