Lawyer within criminal law

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 you been called as a witness in a criminal case? As a witness, you play an important role in ensuring that the case is explained in the most correct way possible. In this article, you will get an overview of what it means to be a witness in court, what duties and rights you have, and what you should be prepared for.

‍

Why are you called as a witness?

You are called as a witness because you may have information that is relevant to a criminal case. It may be something you have seen or experienced yourself, or information you have received through conversations or incidents. The court depends on witnesses telling what they know, so that the court has the best possible basis for deciding the case.

‍

Duty to appear

As a general rule, you are obliged to appear in court when summoned. If you fail to appear without a valid reason, the court may impose fines or, in extreme cases, arrange for the police to pick you up. If you are ill or have another compelling reason for not appearing, you must document this and contact the court as soon as possible.

‍

How the testimony is conducted

When you appear in court, you will usually wait in the hallway or in a witness room until it is your turn. When you are called in, you must identify yourself. Before you explain yourself, you will be reminded of your duty to tell the truth.

• Introductory questions: It is common for the judge to ask you to tell in your own words what you know about the case.
• Follow-up questions: Then, the prosecutor (prosecutor), defense attorney, and judge can ask questions to clarify details.
• Duty of truth: You have a duty to explain yourself honestly. Deliberate misinformation or withholding of material information may be punishable.

‍

Rights as a witness

Although you are obligated to meet and speak the truth, you also have rights:

• Exemption from the duty to testify: If you are a close family member of the defendant, you can request exemption from testifying.
• Witness protection: In special cases, the court can ensure that you testify anonymously or that the defendant is not present when you explain yourself.
• Coverage of expenses: You can get travel expenses covered and compensation for lost earnings.

‍

Tips for those who will testify

• Arrive on time and bring your invitation and identification.
• Speak calmly and clearly, and take time to think before you answer.
• If you don't remember something, say so. Don't try to guess.
• Remember that you are not in the dock. Your role is to help clarify the case.

‍

Summary

Testifying in a criminal case may feel unfamiliar, but your role is crucial to the functioning of the justice system. You have a duty to appear and tell what you know, but you also have the right to protection and coverage of necessary expenses. By appearing prepared and being honest in court, you contribute to a fair trial.

‍

Insa lawyers have extensive experience in assisting in various criminal cases. We offer a free and non-binding initial consultation, where we can review your case and advise you on your rights. Book a non-binding consultation here .

‍

In criminal law, the terms suspect, accused and defendant are not just legal definitions, but descriptions of where the case is in the legal process. With the different phases also come different rights and obligations. In this article, we explain the difference between the terms, and what they mean in practice.

‍

Suspect

A person is designated as a suspect when the police have reason to believe that the person may have committed a criminal offense. This is the earliest phase of the investigation, where the police work to gather evidence.

As a suspect, you may be summoned for questioning. You are obliged to appear, but you are not obliged to explain yourself. You have the right to know what the suspicion concerns, and it is up to you whether you wish to speak out or remain silent.

As a general rule, you are not entitled to a publicly appointed defense attorney as a suspect, unless the case concerns a very serious crime or you are under the age of 18. You can still hire a private defense attorney to protect your rights, but then you must cover the costs yourself.

‍

Aimed

If the police consider it likely that you have committed a criminal offence, you will be formally charged . This is a more serious stage in the criminal case where the case is investigated with greater seriousness. As a charge, the police can use several investigative steps, such as arrest, search and seizure of objects.

During this phase, you have several important rights:

• Right to a lawyer, usually covered by the state
• Right to access case documents (with some exceptions)
• Right to familiarize yourself with the evidence against you
• Right to present one's own witnesses

It is important to remember that you still have no obligation to explain yourself, and you can never be forced to contribute to your own conviction.

‍

Accused

When the investigation is complete and the prosecution believes the evidence is strong enough to convict you, an indictment is issued. The accused is then charged, and the case is sent to court for consideration. As the accused, you are summoned to a main hearing in the district court, where the court decides on the question of guilt and any punishment.

‍

Free choice of lawyer

Both the accused and the injured party in criminal cases have the right to free choice of lawyer. This means that you are free to choose which lawyer will represent you. In many cases, the public sector covers the costs of a lawyer, especially in cases involving serious crimes.

It is also possible to change lawyers along the way, as long as this does not delay or disrupt the legal process.

‍

Do you need help in a criminal case?

At Insa advokater, we have extensive experience in criminal law and legal process. We assist both as defense attorneys and as legal aid attorneys for victims in criminal cases.

‍

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 .

‍