Last updated on 27 October 2026

Assault (mishandeling) means intentionally causing pain or injury to another person, for example by hitting or kicking them. Intentionally harming someone’s health also counts. The basic offence is in Article 300 of the Dutch Criminal Code (Wetboek van Strafrecht, Sr). Serious assault (zware mishandeling), intentionally causing serious bodily harm, is in Article 302 Sr.

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Legal basis

Basic assault carries a maximum of three years in prison or a fourth-category fine (Article 300(1) Sr). If it causes serious bodily harm, the maximum is four years. If it causes death, the maximum is six years. An attempt at basic assault is not a criminal offence (Article 300(5) Sr).

Premeditated assault is covered by Article 301 Sr. Premeditation (voorbedachte rade) means the offender had time to think calmly beforehand. The maximum is then four years, rising with serious harm or death.

For serious assault, the intent must be aimed at the serious harm itself. The maximum is eight years in prison or a fifth-category fine (Article 302(1) Sr), or ten years if the victim dies. With premeditation, this rises to twelve and fifteen years (Article 303 Sr).

Article 304 Sr allows the prison term to be increased by one third. This applies, among other cases, to assault on a partner, parent or child, and on a public official on duty. All forms are serious offences (misdrijven).

How it works in practice

After a report to the police, officers record the injuries, often with photos and a medical statement. For basic assault, the public prosecutor can impose a penalty order (strafbeschikking) without a hearing (Article 257a Code of Criminal Procedure, Sv). Serious assault carries more than six years, so it goes to the district court with a summons.

In cases of domestic violence, the mayor can also impose a temporary restraining order (huisverbod). That is separate from the criminal case.

Common pitfalls

The line between assault and serious assault is often the key issue. A broken nose or tooth is not automatically serious bodily harm. The court looks at the type of injury, the recovery and the medical treatment needed.

Suspects often claim self-defence (noodweer). This only works if the defence was necessary and proportionate. If you keep going after the attack has ended, the claim usually fails.

Victims sometimes wait too long before seeing a doctor. Without medical records, injuries are hard to prove. A claim as an injured party for pain and suffering also depends on those records.

Our criminal lawyers assist suspects and victims in cases involving assault and serious assault.