Defense lawyer

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.

‍

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.

‍

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.

‍

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

‍

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.

‍

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.

‍

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.

‍

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.

‍

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.

‍

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 .

‍

Have the police called you in for questioning in a criminal case?

‍

What happens when you are summoned for questioning? Do you have to show up? And what are your rights?

‍

An interview is a conversation between you and the police. The difference between an interrogation and a normal conversation is that interrogations are a bit more formal and both you and the police have to follow certain laws and rules.

‍

By questioning people who have information about the reported incident, the police will gather relevant information about what happened.

‍

The police must be objective in their investigation, and this also applies to the interview. If you are a suspect or accused in a case, the police must always collect both information that shows that you are guilty as a suspect and information that shows that you are innocent.

‍

Everyone who is summoned for questioning is obliged to appear before the police, but no one is obliged to explain themselves to the police.

‍

The distinction between being a suspect and a defendant

‍

When you are questioned by the police, you are either a victim, witness, suspect or accused in the case. The distinction between suspect and accused can be a little difficult to understand, but it depends, among other things, on whether the police have arrested you, searched your home or seized something from you.

‍

If a person has the status of a suspect, this will give them certain rights. They will obviously have the right to defend themselves against the suspicion. The person can also familiarize themselves with the case documents if this will not harm the investigation or others. Prior to questioning, the person must also be made aware of what the case is about and that they are not obliged to explain themselves. The person must also be informed that he or she has the right to be assisted by a defense counsel. However, as a rule, the public authorities will not pay for a defence counsel until the person has been charged, and in principle only if the prison sentence could be longer than six months.

‍

The status of an accused person carries additional rights that a suspect does not have. For example, the accused is entitled to a defense counsel at all stages of the proceedings. He also has the right to read the case file. Furthermore, the accused has the right to know the evidence against the charge and the evidence in favor of the charge. The accused may also refrain from commenting on matters that may contribute to his conviction. An accused person will also be entitled to compensation for unfair prosecution.

‍

Who can you bring with you?

‍

If you are a suspect or accused in a case and are being questioned, you have the right to have a lawyer with you; a defense lawyer. In some cases the defense counsel is paid for by the public authorities, in other cases you have to cover the costs yourself. There is free choice of defense counsel, which means that you can always choose the defense counsel of your choice.

‍

If you are a victim, you also have the right in some serious cases to be accompanied by a lawyer - a publicly funded legal aid lawyer - who can be present during questioning. In addition to a legal aid lawyer, the victim may also have a person you trust with you during questioning. This person should not be a witness in the case. In this case, he or she must be questioned before you, the victim, are questioned.

‍

Questioning of persons under 18 years of age

‍

If you are under 18 years old, suspected or accused and are being questioned, your parents or guardians and the child protection services must be notified and given the opportunity to be present during the questioning if possible.

‍

If you are a witness or victim and you are under 16 years old, your parents, guardian or someone else you trust should be allowed to join you.

If you have any questions about the article or want to talk about a case, you can contact us at Insa lawyers - at no cost to you here.