Sentencing and possible consequences
The sentence depends on the severity of the offence, your personal circumstances, any recidivism and the circumstances under which the offence was committed. The judge takes mitigating and aggravating circumstances into account. Assault cases can range from minor battery to serious bodily harm or aggravated assault, each carrying different sentencing guidelines under Dutch law.
In addition to the sentence itself, there may be additional consequences: a criminal record (which affects your Certificate of Good Conduct or VOG application), a confiscation order (taking away unlawfully obtained advantage), a compensation measure (to the victim), or administrative measures (closure of a home, revocation of a permit, confiscation of a driving licence). These consequences can have long-lasting effects on your personal and professional life.
It is therefore essential that your lawyer looks not only at the sentence, but at the overall picture. At Arslan Advocaten we approach every criminal case integrally: criminal law, administrative law and civil law come together. This holistic approach ensures that all possible outcomes and impacts are thoroughly assessed.
Defence possibilities
Every criminal case offers possibilities for defence. Your lawyer investigates, among other things:
Was the evidence obtained lawfully? Unlawfully obtained evidence can be excluded from the case, which can significantly weaken the prosecution’s position.
Is there sufficient evidence for the alleged offence? The burden of proof lies with the Public Prosecution Service. Your lawyer will scrutinize the evidence to challenge its reliability and relevance.
Are there grounds for justification? Think of self-defence, force majeure or acting on orders. For example, if you acted to protect yourself or another person from immediate danger, this can be a valid defence.
Are there grounds for exclusion of guilt? Think of psychological force majeure, insanity or absence of intent. Mental incapacity or lack of intent can affect criminal responsibility under Dutch law.
Is the prosecution legally valid? Have deadlines been respected? Is the right to a fair trial guaranteed? Procedural errors or violations of your rights can lead to dismissal or reduction of charges.
A good criminal defence lawyer leaves no stone unturned. At Arslan Advocaten we are known for our fighting spirit — we continue where others stop. We meticulously analyse every detail, interview witnesses, examine police reports, and gather expert opinions to build a robust defence.
Understanding the Dutch Criminal Procedure for Assault Cases
The Dutch criminal procedure follows several stages that determine how your case will be handled. Knowing these stages helps you understand what to expect and how to prepare your defence.
Investigation and Police Detention
Once you are suspected of assault, the police may detain you for questioning. You have the right to remain silent and the right to legal counsel during police interrogations. The police will gather evidence, interview witnesses, and prepare a report for the Public Prosecution Service (Openbaar Ministerie).
Prosecution Decision
The Public Prosecution Service decides whether to prosecute your case. They may dismiss the case, offer a settlement (such as a fine or community service), or bring the case before the court. Your lawyer can influence this decision by presenting mitigating factors or alternative solutions.
Court Proceedings and Trial
If your case goes to court, it will be heard by the District Court (rechtbank). During the trial, both prosecution and defence present their arguments and evidence. You have the right to attend the hearing and to speak through your lawyer. The judge then delivers a verdict and sentence.
Appeals
If you disagree with the verdict or sentence, you have the right to appeal to the Court of Appeal (gerechtshof). Your lawyer can help assess the chances of success and prepare the appeal.
Mitigating Factors and How They Influence Sentencing
When facing assault charges, several factors can influence the severity of your sentence. Understanding these can help you and your lawyer develop a strategy to reduce potential penalties.
First-time offender status: If this is your first offence, judges may be more lenient, especially if you show remorse and willingness to rehabilitate.Provocation or self-defence: If you were provoked or acted in self-defence, this can reduce your culpability.Cooperation with authorities: Demonstrating cooperation during the investigation often weighs in your favour.Personal circumstances: Factors such as your background, family responsibilities, employment status, and mental health can impact sentencing decisions.Restitution and apologies: Making amends with the victim by offering compensation or a sincere apology can influence the court’s assessment.
At Arslan Advocaten, we ensure that all mitigating circumstances are presented effectively to the court to achieve the best possible outcome.
How to Protect Your Rights When Suspected of Assault
Being suspected of assault can be overwhelming, but knowing your rights helps you protect yourself throughout the process.
Right to remain silent: You are not obliged to answer police questions without your lawyer present. Anything you say can be used against you.Right to legal counsel: You have the right to consult and be represented by a lawyer at all stages of the investigation and trial.Right to fair treatment: You must be treated with respect and your case handled in accordance with the law, including the right to a timely trial.Right to information: You have the right to be informed about the charges against you and the evidence the prosecution relies on.Right to appeal: If you are convicted, you have the right to appeal the decision within specified time limits.
Our team at Arslan Advocaten is committed to ensuring your rights are fully protected and that you receive clear, honest advice throughout your case.
Frequently asked questions
Does a criminal defence lawyer cost me money?
Usually not. Most suspects are eligible for subsidised legal aid (toevoeging). You then only pay a personal contribution depending on your income — for the lowest incomes only €188.
Can I choose my own lawyer?
Yes, you always have the right to a free choice of lawyer. You can state your own lawyer to the police (preference notification) and you can change lawyers at any time.
Does Arslan Advocaten speak my language?
Our lawyers speak Dutch, Turkish, Polish and English. We can assist you in your own language, which is crucial in criminal law.
