Physical assault – Punishment and rights

Physical abuse is the use of violence or other physical force against another person, without necessarily causing serious physical harm. It can range from punches and kicks to actions that are perceived as physically offensive, such as spitting, pushing or intentionally throwing objects at someone.

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Such acts are punishable under Norwegian law and are regulated by the Criminal Code. How serious the offense is considered to be depends, among other things, on how the offense was committed, what damage was caused, and what circumstances were involved.

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What is considered physical abuse?

In the legal sense, bodily harm is an intentional physical act directed at another person, where the purpose is to cause discomfort, harm or offense. It is not a requirement that the victim suffer permanent physical injuries - it is sufficient that the act has been physically offensive or offensive.

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Examples of physical abuse can be:

• Hitting, pushing or kicking
• To spit on someone
• Scratching, tugging, or tearing at clothing
• Throwing objects with the intent to hit
• To exercise physical force against someone in an emotional state

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Punishment for bodily harm

The penalty for bodily harm varies depending on the severity and circumstances. Typically, bodily harm is punishable by a fine or imprisonment for up to 1 year. When determining the penalty, the court considers several factors, including:

• Whether the action was unprovoked
• Whether it happened on impulse or planned
• If it affected a vulnerable person
• If it was repeated

Minor bodily harm, for example in the context of an argument, may result in a suspended sentence or fine, especially if there are no previous offenses. In more serious cases, or if the act has occurred before, unconditional imprisonment may be applicable.

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When does it constitute gross bodily harm?

In some cases, bodily harm is considered to be serious. This happens when the act has elements that make it particularly serious. Circumstances that can lead to the act being classified as serious bodily harm:

• That the victim was defenseless (e.g. asleep or drunk)
• That dangerous objects were used (knife, glass, iron bar)
• That there were multiple perpetrators
• That the act was unprovoked and violent
• That the violence was motivated by hatred (racism, homophobia, etc.)
• That the violence was repetitive or systematic

In the case of aggravated assault, the penalty is increased to imprisonment for up to 6 years. Such cases are taken very seriously in Norwegian law, and higher requirements are placed on both evidence and assessment of seriousness.

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Bodily injury or bodily harm?

It can sometimes be difficult to distinguish between bodily harm and bodily injury. Both involve violence, but the difference lies primarily in the extent of the injury.

• Bodily injury : Minor violence or physical force without serious injury.
• Bodily injury : Violence that causes physical damage such as fractures, wounds, bleeding or permanent damage.

If the act results in serious or permanent physical harm, it will normally fall under the provision of bodily harm, which has a higher penalty and is considered more serious in the legal system.

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What should you do in the event of physical abuse?

If you have been subjected to physical abuse, you have the right to report the incident to the police. It is a good idea to secure evidence as early as possible – this could be photos of any marks, medical records, witness statements or video recordings if available.

You may also be entitled to legal representation, especially if the case is serious or if you feel unsafe. A lawyer can help you consider whether you should report the incident and explain what happens next in the process.

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Reported for assault

If you have been charged with assault, you should contact a defense attorney as soon as possible. Many people underestimate the seriousness of such cases, but even a first-time offense can have consequences, both legal and personal.

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At Insa lawyers, we have extensive experience with various criminal cases, and assist both as defense attorneys and as legal aid lawyers for victims.

We offer a free, no-obligation initial consultation, where we can review your case and advise you on your rights. Book a no-obligation consultation here .

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