Acquitted of assault and endangerment of physical safety in road traffic

Acquitted of assault and endangerment of physical safety in traffic

This week our RAA Mag. Vadim Gusenov was able to win in front of the district court of Leopoldstadt.

Mr. O. is Uber driver by profession, he does his job conscientiously and well. One evening, as so often, he accepts a ride with four passengers. The four passengers had had a little drink and wanted to be transported from the stadium to an address in the 11th district. But right at the beginning, the passengers changed the destination of the journey. Again and again they gave Mr. O. instructions to change the route. When Mr. O. finally came to a stop at an intersection, the passengers unexpectedly jumped out of the car and wanted to run away. Mr O. just managed to get a hold of one of the passengers' mobile phone and prevented him from running away. During a small scramble for the mobile phone, both were slightly injured. When the police arrived, Mr. O. was suddenly treated as a perpetrator, the three passengers had called the police and told them, that Mr.O had tried to kidnap them and had driven like a maniac.

Of course, their whole story was false and fabricated. Nevertheless, Mr. O., our client, was charged with bodily harm and endangering physical safety on the road. Mag. Gusenov was able to prove on two days of the hearing that Mr. O. was innocent of both charges and thus obtain an acquittal for our client. The judgment is final.

I am falsely accused of assault. What do I do now?

The most important thing is that you remain calm, especially if you are still in the situation. You should note the following points:
  • Remain friendly and cooperative.
  • Collect evidence - Take photos and notes.
  • Find witnesses - Keep their contact information.
  • Contact a lawyer (Contact)
  • Explain the situation to your lawyer - every detail is important.
Definitely Contact us. We will advise you on the best way to proceed.

What is the difference between bodily harm and grievous bodily harm?

Bodily harm is regulated in Section 83 of the Criminal Code. The legal definition is that bodily harm is an act that causes or seeks to cause physical harm to another.

Severe bodily harm is regulated in Section 84 of the Penal Code. The difference here is the severity of the injury, i.e. how long the consequences of the injury last. If the damage to health lasts longer than 24 days, or even causes an incapacity to work, there is talk of serious bodily harm.

What is the penalty for assault?

The penalty depends on the type of assault.
A simple physical injury can be punished with a few months to a year.

Serious bodily harm can be punished with up to 5 years, taking into account who was injured (eg private individual or police officer, etc.), and also what the perpetrator's intention was.

A more detailed list of possible penalties can be found here: Bodily Injury Sentence.

In any case, it is important that you choose the right lawyer who will represent you competently. Dr Klammer and his team have already gained a great deal of experience in this area and have been able to celebrate a great deal of success.

What is endangerment of physical safety in traffic?

Endangerment to physical safety in traffic describes an intentional, negligent or grossly negligent driving style in road traffic, in which it cannot be ruled out that another road user will be injured or have an accident. This is given, for example, by illegally fast driving, driving over a red light, or, for example, by driving under the influence of alcohol (over 0.8 ‰). The penalty is regulated in § 89 StGB and can amount to up to 3 months imprisonment.

Dr Klammer can help you with any concerns related to this topic

Have you or someone you know experienced something similar?
You can use the contact form below to get in touch with us and tell us about your situation. dr Klammer and his team will examine the matter and get in touch with you about how to proceed.

If you would like to speak to us personally, we are happy to offer you an initial consultation at our usual rate (EUR 150.00), in which we will inform you professionally for up to one hour about the possibilities and also lay the foundation for a representation in one process arising out of this matter.

Simply make an appointment for this at 06507283562 / office@anwaltClip.com

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