There are numerous laws in place to deal with assault cases, depending on the severity of the case. The penal code is not specific about penalties for different types of assault cases, but it does present a framework for dealing with them. Assault can be undertaken by an individual or group of people against another person, who may have been targeted in one isolated incident or repeatedly in a group assault.
What is Assault?
Assault can be defined as the “unlawful application of force to the person of another”. This type of crime is often referred to as an act of violence but does not necessarily involve injury. Under UAE laws, physical contact or threats are considered an assault, and all forms are under penal code articles 333 to 343.
There are three types of assault to be aware of when discussing this topic: intentional, negligent, and self-defense.
- Intentional assault occurs when there is an intention to cause a specific injury to a person without legal justification or excuse.
- Negligent assault occurs when a person causes injury to another person by neglecting the necessary and fair care that a reasonable person would use.
- Self-defense can be used as a defense when a person is charged with assault in cases where they have used more force than was reasonably required to prevent an injury or loss.
Forms of Assault
Assault with a deadly weapon: Includes the use of a weapon or object that can be used to severely injure another person. The penalty for this type of assault is imprisonment and the possible requirement to pay blood money under Muslim law.
- Assault with the intent to murder: This occurs when an individual attempts to kill someone else, but fails in their attempt. It also applies when an individual’s actions make it likely for someone to die as a result of those actions. This type of assault carries the penalty of imprisonment and can include paying blood money under Muslim law.
- Assault that results in death: When an individual causes another person’s death due to their attack, they can be charged with this misdemeanor which includes the payment of blood money.
- Aggravated Battery: This applies when an individual intentionally causes severe injuries to another person, or if the injuries are disfiguring or likely to cause death.
- Assaults with Battery: This applies if an individual intends to cause physical harm, but not with the same degree of severity as in an aggravated battery.
- Battery: When an individual intentionally makes contact with another person in a harmful or offensive manner without consent is punishable by imprisonment and can include paying blood money under Muslim law.
- Sexual Assault and Battery: Sexual assault, similar to a battery, is the intentional offensive or harmful touching that is sexual in nature.
- Domestic Assault and Battery: This crime involves verbal threat and physical force against another person to perform sexual acts without consent.
Violent Crimes in Dubai
The penalties in place for assault vary widely depending on the nature of the crime. The severity of a criminal offense is judged by the damage caused and whether or not it was premeditated. Dubai has a zero-tolerance policy against violent crimes in an attempt to educate residents on their effect on UAE society. As such, the penalties for such crimes are harsher than those given to those who commit assault as a result of personal disputes.
In addition to assault, there are a number of other offenses that can be considered violent crimes. These include:
- Terrorism – this includes the use of violence against the State, instilling fear in individuals, and inciting violence against others.
- Kidnapping – this also applies if a person is falsely imprisoned, as well as the abduction of an individual.
- Violating individuals’ freedom – this includes illegally entering someone’s home or car and forcing them to leave their family or country.
- Burglary – breaking into a residence with the intent to steal from those living there is considered a violent crime with a strict jail sentence attached under the prevailing laws.
- Rape – which can be considered an act of violence due to its nature of forcing another individual to participate against their will. The punishment for rape is imprisonment and/or fine depending on whether or not the victim was a free person or a slave at the time.
- Drug Trafficking – this offense carries mandatory prison time and can involve the payment of a significant sum either in the form of a fine or penalty.
You Need a Lawyer for Your Assault Case
If you have been assaulted or have had someone attempt to assault you, it is essential that you are aware of the laws in place for this crime. The UAE regulates violent crimes closely and punishments can be severe if found guilty.
A skilled lawyer who has dealt with these types of cases before will have the expertise to help you protect your rights so that you can focus on getting treatment. A lawyer is also useful for providing information about the specific laws governing assault in UAE, as well as what you should expect if you are taken into police custody.
Assault Defense Lawyers in UAE
When it comes to violent crimes in UAE, the laws are strict, and breaking them can carry significant penalties. Assault charges often come with jail time even when the altercation was the result of a personal dispute between two people. Even if you didn’t intend to cause harm or offense, defending yourself can be considered an assault that carries hefty fines or jail time. This is why it is important to have a Dubai lawyer from Amal Khamis Advocates and Legal Consultants by your side throughout this process.
Having an experienced professional representing you makes all the difference in court. They will know how to best defend you against the charges and can ensure that your rights are upheld throughout the entire trial process. There are a number of factors that go into a successful verdict, and the expertise of a clever legal representative can help you achieve what might otherwise seem impossible.
False Allegations in Assault Crimes
Regardless of whether or not the assault was a result of a personal dispute or done on purpose, falsely reporting an incident can come with serious consequences as well. If it is found that an individual made a false allegation against another person with the intent of causing harm, they can be charged and forced to compensate for this offense. There are certain legal procedures in place to ensure that such allegations can be proven before any judgment is passed down, but victims of such crimes should still be aware that there may repercussions for their actions.
Individuals who are facing assault charges should speak with a Dubai lawyer from Amal Khamis Advocates and Legal Consultants as soon as possible so they can start formulating the best defense against the allegations. Not only do these legal representatives have access to professional legal advice, but they also have the skill to get their clients the best possible verdict in court.
Talk to us today for a free initial consultation.