Public safety is a top priority in the UAE, and the country’s legal system takes a strict stance against crimes of assault and battery. These offenses, ranging from threats of harm to the unlawful application of force against others, are comprehensively covered under the UAE Penal Code. From simple assaults without aggravating factors to more severe forms like aggravated battery, indecent assault, and sexual crimes, the law provides a detailed framework defining these offenses and prescribing punishments.
The UAE differentiates assault and battery charges based on specific elements like the threat vs. actual harm, degree of force used, victim identity, and other contextual factors. This blog post delves into the nuances of how these violent crimes are defined, categorized, and prosecuted, while also highlighting legal protections available to victims under the UAE’s justice system.
Equipped with this legal guide, those accused of assault or battery will be far better prepared to make informed decisions and navigate their criminal cases. The stakes are high, so consulting with a knowledgeable criminal defense attorney right away remains key.
How is assault and Battery defined under UAE’s law?
Under UAE law, assault and battery are criminal offenses covered under Articles 333-338 of the Federal Penal Code. Assault refers to any act that causes another person to fear imminent harm or an attempt to unlawfully apply force to another person. Battery is the actual unlawful application of force to another person.
Assault can take many forms including verbal threats, gestures indicating an intent to cause harm, or any behavior that creates reasonable apprehension of harmful contact in the victim. Battery covers unlawful beating, striking, touching or application of force, even if it does not result in physical injury. Both crimes carry penalties of imprisonment and/or fines depending on the severity of the offense.
It’s important to note that under Sharia principles applied in UAE courts, the definition of assault and battery can be interpreted more broadly than common law definitions. The extent of their influence on assault and battery definitions can vary depending on the specific case.
Types of Assault & Battery Cases in UAE
After double checking the UAE Penal Code and other official legal sources, there are several main types of assault and battery cases recognized under UAE law:
- Simple Assault & Battery – This covers cases without aggravating factors like use of weapons or causing serious injury. Simple assault involves threats or attempted unlawful force, while simple battery is the actual unlawful application of force (Articles 333-334).
- Aggravated Assault & Battery – These crimes involve assault or battery committed with a weapon, against certain protected persons like public officials, against multiple victims, or resulting in physical injury (Articles 335-336). The punishments are more severe.
- Assault & Battery Against Family Members – UAE law provides enhanced protection and harsher penalties for these offenses when committed against spouse, relatives, or household members (Article 337).
- Indecent Assault – This covers any assault of a dishonest or indecent nature committed through words, actions or signals against a victim (Article 358).
- Sexual Assault & Rape – Forced sexual intercourse, sodomy, molestation and other sexual crimes (Articles 354-357).
It’s crucial to note that the UAE applies certain principles of Sharia law in adjudicating these cases. Factors like degree of harm, use of weapons, and victim’s identity/circumstances heavily influence charges and sentencing.
What are the punishments for assault & Battery in UAE?
The punishments for assault and battery offenses in UAE are as follows:
| Type of Offense | Punishment |
|---|---|
| Simple Assault (Article 333) | Imprisonment up to 1 year (potentially less) and/or fine of up to AED 1,000 |
| Simple Battery (Article 334) | Imprisonment up to 1 year and/or fine of up to AED 10,000 |
| Aggravated Assault (Article 335) | Imprisonment from 1 month to 1 year and/or fine from AED 1,000 to 10,000 (with judge’s discretion within the range) |
| Aggravated Battery (Article 336) | Imprisonment from 3 months to 3 years and/or fine from AED 5,000 to 30,000 (with judge’s discretion within the range) |
| Assault/Battery Against Family Members (Article 337) | Imprisonment up to 10 years (or potentially harsher depending on severity) and/or fine up to AED 100,000 |
| Indecent Assault (Article 358) | Imprisonment up to 1 year and/or fine up to AED 10,000 |
| Sexual Assault (Articles 354-357) | Punishment varies depending on the specific act and aggravating factors (potential for imprisonment ranging from temporary terms to life, or even the death penalty in extreme cases) |
How does the UAE legal system differentiate between Assault and Battery Offenses?
The UAE legal system draws a clear distinction between the crimes of assault and battery by examining the specific elements required to establish each charge under the Penal Code. Differentiating these two offenses is crucial as it determines the applicable charges, severity of the crime, and consequent punishments.
One of the primary differentiating factors is whether there was merely a threat or apprehension of harmful contact (assault) versus an actual application of unlawful force resulting in offensive contact or bodily harm (battery). For an assault charge, the key elements that must be proven include:
- An intentional act or threat of force by the accused
- Creation of reasonable fear or apprehension of imminent harmful or offensive contact in the victim’s mind
- Apparent present ability by the accused to carry out the threatened act
Even if no physical contact occurred, the intentional act leading to an apprehension of harmful contact in the victim’s mind is sufficient grounds for an assault conviction under UAE law.
In contrast, to prove a battery charge, the prosecution must establish that:
- The accused committed an intentional act
- This act involved an unlawful application of force to the victim
- The act resulted in offensive physical contact or bodily harm/injury to the victim
As opposed to assault which hinges on a threat, battery requires evidence of actual harmful offensive contact applied to the victim through unlawful force.
Moreover, the UAE legal system evaluates factors like the degree of force used, extent of injury caused, the identity of the victim (public official, family member etc.), the circumstances surrounding the incident, and presence of aggravating elements like use of weapons. These considerations determine whether offenses are categorized as simple assault/battery or aggravated forms which attract harsher punishments.
What are the Legal Protections for Victims of Assault and Battery Offenses in the UAE?
The UAE legal system provides a range of protections and support mechanisms for victims of assault and battery crimes. These include both preventive measures as well as legal remedies and rights for victims during the judicial process. One key preventive measure is the ability to obtain restraining orders against potential offenders. UAE courts can issue orders prohibiting the respondent from contacting, harassing or coming near the victim and other protected parties. Violating these orders constitutes a criminal offense.
For victims of domestic violence involving assault/battery by family members, shelter and safety provisions are available under the Law on Protection from Domestic Violence. This allows victims to be placed in counseling centers or safe houses away from their abusers. Once charges are filed, victims are entitled to legal representation and can submit victim impact statements detailing the physical, emotional and financial impact of the crimes.
They can also claim compensation through civil lawsuits against offenders for damages like medical expenses, pain/suffering etc. The law also provides special protections for victims/witnesses such as security, privacy, counseling support and ability to testify remotely to avoid confrontation with offenders. Children and other vulnerable victims have added safeguards like interrogation via psychological experts.
Overall, while the UAE penal system remains focused on ensuring deterrence through stringent punishments for such crimes, there is an increasing recognition of victim’s rights and need for support services as well.
VI. Defenses Against Assault and Battery
When faced with frightening assault or battery allegations, having an experienced criminal defense attorney in your corner executing the optimal defense strategy can make all the difference.
Common defenses against charges include:
A. Self-Defense
If defending yourself out of a reasonable fear you may suffer imminent bodily harm, use of appropriate force may be justified under UAE law. The reaction has to be proportionate to the threatened danger for this defense to succeed. There cannot be opportunity to retreat safely or avoid the confrontation altogether either.
B. Defense of Others
Similar to self-defense, anyone has the right under UAE law to use necessary force to protect another person against an immediate threat of harm if escape isn’t a viable option. This includes defending strangers from attack.
C. Mental Incapacity
Severe mental illnesses severely inhibiting comprehension or self-control may satisfy defense requirements as well in cases of assault or battery. However, legal mental incapacity is complicated and difficult to prove.
What exact defense will apply depends greatly on specific circumstances of each allegation. An adept local defense lawyer will be able to assess the available facts and develop the optimal trial strategy. Solemn representation is key.
Getting Legal Help in Dubai
Facing assault or battery charges threatens frightening destabilizing disruption of life through lasting criminal records, financial burdens defending the case, lost income from incarceration, and destroyed personal relationships.
However, knowledgeable diligent defense counsel intimately familiar with local courts, prosecutors, judges, and criminal statutes can carefully guide accused individuals through the intensely stressful situation protecting rights, safeguarding freedom, dismissing unfounded claims, and securing the most favorable outcomes from a bad scenario.
Competent representation truly makes the difference between profoundly life-changing convictions and resolving matters relatively intact when embroiled in the criminal justice system’s powerful grip. Quality experienced local defense lawyers understand all the ins and outs of building winning cases benefiting their clients. That hard-won expertise and fiery advocacy separates them from lackluster alternatives.
Don’t delay. Consult with a highly rated assault and battery defense attorney serving your jurisdiction immediately if facing such charges. They will review arrest specifics, gather additional evidence, speak with all involved parties, thoroughly research relevant statutes and case law precedents, negotiate with prosecutors, prepare witnesses, craft superior legal arguments, and work relentlessly defending client innocence in the courtroom through trial if agreements cannot get reached.
Top attorneys have successfully defended thousands of assault and battery cases over many accomplished years practicing criminal defense law in the local courts. No charges bring guaranteed outcomes, but representation does make the difference benefiting people in the system.
Call us now for an urgent appointment at +971506531334 +971558018669
I have problm in my credit card..i did not pay for more than a month due to financial problems..now the bank time to time calling me and to my family friends even my co workers..before i was explaining and i answering there call but i dont what how they’re treating the person,shouted ,treating that they well call police ,harassing,and now earlier i recieve messages from the internet…even my family and friends that they say…mr. Bryan (wife of @@@@) kindly inform them that he is wanted with criminal case filed in dubai for the bounced check CID and police is currently looking after this person pls send this to the other friend…..i was thingking too much and my wife she cannot sleep properly she’s pregnant and im worried to much…bec. Of this message in fb..all my friend and family knows already and very shyness to talk what i will do…pls help me…i can file a case also
here in uae for this harassment…tnxz and god well bless u…
Thank You for contacting us.. we’ve replied to your email.
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Lawyers UAE
Hi,
I would like to seek for legal advise regarding a case I will be filing to Sharjah court. My case happenedin Al Nahda, sharjah regarding an assault from a sharjah taxi driver. It is just an ordinary argument which led to fight and I was pulled and the driver struct me several times in the face till my eyebrow got wounded and bled during this assault I was wearing my eye glasses and it was removed during the punch he throwed at me. The instance also hitted my wife as she tries to calm down the driver in between us. Medical and police report was made in Sharjah. I would like to seek on the procedures for filing this case and the legalities in doing so.
Hope for your prompt response,
Thanks & regards,
Dennis
Hi,
I would like to ask if my company can file absconding case for me for not exiting. I overstayed for 3months already because i have a police case for bounced check. My passport is with my company.
We can take out your passport from your company, kindly contact us.
I have 1 colleague in the company and she is not doing her job properly. actually we have some personal issues but she is mixing personal issues to work issues. Now she is accusing me of taking the works personally and i am making problems for her which is not true. She told me that she knows i can let her out of the company but she will make sure that something bad will happen to me and i will regret that i put her here in our company. In this case, can i go to the police and tell them about this. i dont have written evidence because it was said directly on my face. I want to make sure that i will be safe everywhere in or out of the office.
Hi
I want to enquire about carrying a law suit against a bank.
I am delayed on my bank payments due to a delay in bonus payment from my company – I explained that I would make the pending card payment to the bank in the course of the week but they keep calling. Several employees multiple times each day. I stopped answering the calls and one of the employees sends me a text saying “pay or else your details will be shared with Etihad Bureau for black listing”
That sounds like a threat and I am not taking it too well.
What’s the law suit related to written threats?
Thanks
My neighbour is continously harrassing me she also tried to choke me once .She has some fight going on with a friend of mine on a social networking site I replied to one of ny friend’s post it was not about her even her name wasn’t mentioned and it was nothing serious.But my neighbour comes to my door and is constantly using abusive language my other neighbours have also witnessed her doing that.Please guide me what should I do and under what law it falls?
My manager threatened to slap me in front of 20 other staff if I don’t submit two files the next day. He called me a bad word for not drinking alcohol in one of the office parties. He also told another employer to hit me when I gave a wrong answered during training questions and answers session. He told me to submit the files on Thursday. I am scared to go to office. I am on probation now. I don’t know what to do after spending so much on visa and traveling expenses I don’t have money to give the company if I’m terminated.
I’m in a sharing flat. Flatmate is inviting friends in our flat to drink, sing a and they are very noisy. If I will call police while they are having a party, i’m concern of other flatmates as I have read that since sharing flat is illegal, all people inside the flat will be arrested. is it true? I already talked to this person but this person came to me after 4 days shouting and pointing the finger in my face.
My friend had to do a research paper on assault and I was wondering about the basics of it all. I appreciate you mentioning that assault doesn’t have to be physical. This is something that I didn’t realize before and it’s given me a lot to think about.
She might most likely get a fine and Police might ask her to pay your medical bills, Best is to visit us to understand more.