Special Bodily Injury Attorney | Sentenced to 10 Months for Special Bodily Injury but Received a Suspended Sentence on Appeal

The client who sought a special bodily injury attorney requested assistance in defending against criminal punishment, explaining that he was facing a charge of special bodily injury.

The attorney set out to understand the case in order to assist the client, and the facts were as follows.

The client explained that he had left his girlfriend's home in anger after an argument with her, and that his girlfriend had grabbed and pulled his arm to stop him.

The client forcefully shook off his girlfriend's hand, and in the process she fell and suffered a fracture to her nose.

A report was made to 119, the police were dispatched, the case was registered as special bodily injury, and after the investigation the client was indicted and awaiting trial.

The charge against the client was special bodily injury. Special bodily injury is an offense committed when a person inflicts bodily injury on another by displaying the force of a group or a crowd, or by carrying a dangerous object.

Bodily injury here generally refers to the impairment of the integrity of the body or of its physiological functions.

Because special bodily injury is an offense of inflicting injury on a person by special means, it is punished more severely than simple infliction of bodily injury.

Supreme Court Judgment No. 97Do597 holds that a dangerous object in the offense of special bodily injury includes any object that, even if not a weapon, can broadly be used to harm the life or body of a person.

To meet the client's request, the special bodily injury attorney mounted the following defense.

The first-instance court noted that, although the client had confessed to the offense and made a criminal deposit for the victim, the injury the victim suffered was not minor, and it sentenced him to 10 months' imprisonment.

The special bodily injury attorney had to immediately prepare a strategy to obtain a reduction of sentence through the appellate proceedings.

As a result of the special bodily injury attorney's handling of the settlement and the appellate pleadings, the court reversed the lower court's judgment of 10 months' imprisonment and imposed a suspended sentence.

The client in this case faced the risk of serving a prison term over a single momentary mistake, but because the matter was handled with the attorney's strategy, the prison term was defended against with a suspended sentence.

In the case of special bodily injury, a much higher level of punishment is prescribed than for simple bodily injury, and an actual custodial sentence may be imposed even if the victim expresses a wish not to have the offender punished, so caution is needed.

This firm analyzes the client's case and prepares a strategy to obtain a favorable outcome.

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