What is the offence of assault on authority?

The offence of attacking an authority consists of assaulting or seriously resisting, with serious intimidation or violence, a public authority, agents or officials who are in the legitimate exercise of their duties. The main objective is to protect the dignity of public authorities and their proper functioning.

This offence is regulated in Articles 550-556 of the Penal Code. The actions that can be included in this offence can be assaults, serious resistance with violence or intimidation or assault.

What is noteworthy is that it is an intentional crime, i.e. it requires the intent to produce such an action. Even so, it does not require injury to the victim in order for the individual to be punished. It is sufficient that the action is aimed at attacking even if no result is achieved. The offence of attacking an authority can consist of the mere initiation of the attack or the movement that reveals that there is an aggressive purpose, without it actually occurring.

Who is considered the authority?

An authority is considered to be anyone who, alone or as a member of a court, collegiate body, etc., has command or exercises his own jurisdiction. A public official, on the other hand, is anyone who, by law, by election or by appointment by a competent authority, participates in the exercise of public functions. In fact, extending the concept of authority, Article 550.1 PC itself makes a specific mention to protect teaching or health officials in the exercise of their functions.

What is important is that in order to be considered a victim of the crime of attack on authority, the passive subject must be carrying out the functions of the position he/she holds. Even so, exceeding or abusing the exercise of their functions entails the loss of authority and, therefore, the subject loses the special protection.

What are the penalties for the offence of assault on authority?

Attacks shall be punishable by a prison sentence of 1-4 years and a fine of 3-6 months if the attack is against the authorities, and a prison sentence of 6 months - 3 years in other cases. This offence may have a higher penalty, specifically a higher penalty in degree than the one foreseen in the previous case, when the attack takes place under any of these circumstances:

• Assault with use of weapons or other dangerous objects
• Performing an act of violence that is executed in a way that is potentially dangerous to the life of the victim or that may cause serious injury. A clear example is when blunt objects are thrown or flammable liquids are used.
• Assaulting an authority, its agent or a public official by means of a motor vehicle.
• When the attack takes place during a riot or collective incident inside a prison. This offence is also aggravated by a prison sentence of 1-6 years and a fine of 6-12 months if the authority being attacked is a member of the
  Government, the Governing Councils of the Autonomous Regions, the Congress of Deputies, the Senate or the Legislative Assemblies of the Autonomous Regions, local corporations, the General Council of the Judiciary, Magistrate of the Constitutional Court, judge, magistrate or member of the Public Prosecutor's Office.

Who are the victims of the offence of assault on authority?

As mentioned above, the victims/passive subjects of this type of offence are agents of the authority and public officials in the exercise of their duties. The penalties foreseen will be applied when the attack is made against:

• Public authorities, agents or officials in the performance of their duties.
• Members of the Armed Forces, visibly in uniform, who were performing professional duties.
• Persons coming to the assistance of the authority, agents or officials.
• Fire brigade, medical personnel or rescue teams.
• Private security personnel, duly identified, who carry out private security activities in cooperation with or under the command of the Security Forces and Corps.

Have you been charged with an offence of assault on authority?

If you are accused of a crime of assault on authority, do not hesitate to contact a lawyer who will offer you the best legal advice to defend you. Do not hesitate and contact the criminal law firm Balaguer Bataller, in Barcelona, open 24 hours a day, 365 days a year.