Assault Defence in Marbella
Marbella's vibrant nightlife — centred on Puerto Banús, the Golden Mile and the old town — unfortunately generates a significant number of assault and affray incidents each year, particularly during summer months. Disputes escalating outside bars and clubs, altercations on beaches, and confrontations between neighbours all regularly result in criminal charges before the Juzgado de lo Penal in Marbella.
If you have been arrested or are facing a charge of assault or bodily harm (lesiones) in Marbella, our specialist criminal lawyer will act immediately to protect your rights, challenge the prosecution's case and present the strongest possible defence.
Arrested after a fight in Marbella? Do not give a statement to police without a lawyer present. The account you give — or refuse to give — in the first hours following arrest can determine the outcome. Call +34 604 54 52 81 now.
Assault & Violent Offences We Defend
- Basic assault / battery (lesiones) — Article 147 Penal Code
- Minor assault (lesiones leves / maltrato) — Article 147.2 and 147.3
- Aggravated assault — use of weapons, ambush, multiple attackers
- Grievous bodily harm (lesiones graves) — permanent injury, organ loss, disfigurement
- Affray and public disorder — bar and nightclub fights in Marbella and Puerto Banús
- Assault on a public official — police officer, security guard, emergency services
- Threats and coercion (amenazas y coacciones)
- Attempted homicide or murder
Penalties for Assault in Spain
| Offence | Legal Basis | Sentence |
|---|---|---|
| Minor assault (no medical treatment needed) | Art. 147.2 | Fine (1–2 months) |
| Basic assault (medical treatment required) | Art. 147.1 | 3 months – 3 years |
| Assault with weapon or ambush | Art. 148 | 2–5 years |
| Assault on vulnerable victim | Art. 148 | 2–5 years |
| Serious GBH (permanent injury) | Art. 149 | 6–12 years |
| GBH (organ or limb loss, disfigurement) | Art. 150 | 3–6 years |
| Assault on police officer | Art. 550–551 | 1–4 years |
Self-Defence Claims in Marbella Assault Cases
Self-defence (legítima defensa) is a complete defence under Article 20.4 of the Spanish Penal Code. To succeed, three elements must be established:
- A real and imminent unlawful aggression — you were genuinely under attack or immediate threat
- Proportionality of response — the force used was no greater than necessary to repel the threat
- No prior provocation — you did not instigate or unreasonably escalate the confrontation
Our Marbella assault lawyer builds self-defence arguments using CCTV footage, eyewitness accounts, medical evidence and expert analysis of the dynamics of the confrontation. Even where full self-defence cannot be established, partial self-defence (eximente incompleta) can significantly reduce any sentence.
Bar Fights and Nightclub Incidents in Puerto Banús
A large proportion of assault cases in Marbella arise from incidents in and around Puerto Banús nightclubs, beach bars and restaurants. These situations frequently involve multiple parties, poor lighting, intoxication and contradictory witness accounts — all of which create genuine evidential difficulties for the prosecution. Our lawyer exploits these weaknesses rigorously.
CCTV coverage in Puerto Banús and Marbella is extensive. We move quickly to secure and preserve footage that may exonerate our client or contradict the complainant's account before it is overwritten.
Assault on a Police Officer — Marbella
Charges of assaulting or resisting a police officer (atentado contra la autoridad) arise frequently in Marbella following chaotic arrests or crowd situations. These charges carry significantly enhanced penalties and require immediate specialist legal intervention. We have extensive experience in challenging these allegations, including establishing that officers used disproportionate or unlawful force.
Key Defence Strategies
- Securing and analysing CCTV from the incident location
- Interviewing independent witnesses before memories fade
- Challenging the complainant's account for consistency
- Commissioning independent medical evidence on injury causation
- Establishing self-defence, mutual combat or provocation
- Challenging police procedure at arrest
- Negotiating for reduced charges or non-custodial outcomes