Assault & Injury
- I caused injury at a bar located in Shinokubo station, Tokyo. I was arrested and detained by Shinjuku Police Stationz of the Metropolitan Police Department for injury…
- I got in traffic trouble with a man near Shinbanba station, Tokyo, and punched him. I got arrested for assault by Shinagawa Police Station of the Metropolitan Police Department…
- My son caused injury at school. He was put under investigation at Shibuya Police Station of the Metropolitan Police Department…
1. Punishment of Assault and Injury Cases
|[Injury (Art. 204) Punishment: Imprisonment with work for not more than 15 years or a fine not exceeding 500,000 yen.
[Assault (Art. 208) Punishment: Imprisonment with work for not more than 2 years, a fine not exceeding 300,000 yen, misdemeanor imprisonment without work (confinement in a penal institution for not less than 1 day but less than 30 days), or petty fine (a fine of not less than 1,000 yen but less than 10,000 yen).
2. What is Injury?
Crime of injury (Article 204 of the Penal Code) is the crime of ‘causing another to suffer injury’.
According to precedent, ‘injury’ is understood as ‘affecting a person’s physiological function’.
For example, ‘injury’ includes getting someone hurt such as bleeding or breaking bones and making someone catch a disease.
On the other hand, there is the precedent (former Supreme Court, 20 June 1912) stated that cutting a woman’s hair from the root did not affect a person’s physiological function, so the act could only consist of assault.
There is also countertheory saying that the act could consist of injury because it causes damage the integrity of human body.
Injury is usually done by assault (use of tangible force against someone’s body).
However, injury is also established in an intangible way other than assault.
- Made another have rotten food causing the person to get diarrhea.
- Repeated silent-phone call with insistence, which caused the victim to suffer mental disorder.
- Keep playing the radio loudly toward the neighbor each and every day causing the neighbor to suffer chronic headache.
In these cases, injury may be established and the perpetrator could be get arrested and detained.
3. What is Assault?
Assault (Article 208 of the Penal Code) is the crime to be established when a person assaults another without injuring the other person.
In other words, the crime of assault is established when a person assaults another, and the crime of injury when a person causes another to suffer injury.
‘Assault’ in the term of the crime of assault indicates ‘use of tangible force against someone’s body’.
The typical examples of ‘assault’ are punching and kicking.
Use of tangible force is to be recognized when it was against another.
Thus, assault can be established even when a person did not physically touch the victim.
- Throwing a stone at few steps short of the pedestrians,
- Wielding a bare Japanese sword in a small room, etc.
~Defense Activities in Cases of Injury and Assault~
1. If Got Arrested and Detained for Injury / Assault
When arrested for injury or assault, how to defend the perpetrator depends on whether he/she admits the fact of the crime.
i. When the suspect admits that he/she has committed the crime of injury or assault,
Lawyer aims at early release by reaching an out-of-court settlement with the victim through apologizing toward him/her and paying the damage, and gaining forgiveness from the victim.
Lawyers provide for a settlement between the parties by the settlement negotiation through lawyers, and engage in works to gain a decision not to prosecute or reduce the sentence.
ii. When the suspect does not know anything about the crime;
Lawyers prove the suspect’s innocence by explaining substantially this/her claims to the investigative authority such as the police and public prosecutor.
2. Resolve without Putting Criminal Records by Consulting Lawyer with Expertise in Cases of Injury & Assault!
There is a possibility to face punishment such as imprisonment with work or fine once prosecuted for injury or assault.
If you or your family have committed the crime of injury or assault, either where the suspect admits the fact of crime or not, it is important to consult and ask credible lawyers as soon as possible.
When the perpetrator is arrested, he/she cannot apologize toward the victim nor carry out the settlement negotiation by him/herself.
The victim might refuse to contact with the family or friends of the perpetrator because of fears.
However, lawyers may make apology and hold settlement negotiation with the victim in many cases.
It is significant to make apology and conduct settlement negotiation through credible lawyers at the early stage.
If lawyers reach the settlement and gain forgiveness for the case from the victim, it is possible to get a decision not to prosecute from public prosecutor.
Once got a decision not to prosecute, a criminal trial will not be held neither criminal records put. The suspect will be released.
~AICHI Criminal Cases Law Firm gives a prompt and proper response to injury and assault cases, and protects the benefits of our clients~