An assault is “an act of causing another person physical injury.” Civil culpability, criminal prosecution, and other legal options may be considered depending on the seriousness of the offense and the circumstances surrounding it. In the United Arab Emirates, “assault” is categorized as a serious crime, and even the threat of an assault is punishable by law. It considers the underlying causes of the offense and the truthfulness of the harm done to the other party.
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 under the influence: Pursuant to Article 336 of the UAE penal code and its amendments, if an assault is committed by the culprit while being under the influence of intoxication or stupefaction shall be considered an aggravating circumstance for assault and punishment can include imprisonment of eve up to ten years.
- Assault with weapons: Pursuant to Article 341 of the UAE penal code and its amendments, if an assault is committed using a weapon, club or any other tool and also if the act was done with pre-mediation, then the offender can be punished with imprisonment as well as fine.
- Domestic Assault: Pursuant to Article 334 of the UAE penal code and its amendments, assault by a male or female person in the circumstances concerning an act of adultery can be sentenced with detention as well as imprisonment.
- Assault resulting in permanent injury: Pursuant to Article 339 of the UAE Penal code and its amendments, when physical assault culminates in illness or disability, then the punishment can include imprisonment of up to one year and a fine of up to ten thousand dirhams. However, if the illness or disability caused due to the assault renders a person unable to perform their personal work for a period of twenty days or more, then such conditions are considered as aggravated conditions and stricter punishments are awarded in the form of detention and fine.
- Assault on means of communication and public utilities: Pursuant to Article 288 of the UAE penal code and its amendments, life imprisonment shall be imposed on any person who assaults an airplane or whip with the intention of capturing it or changes its course or harming any passengers on board.
Abusive Crimes in Dubai
Depending on the type of assault, different punishments are applied. Damage was done, and whether or not it was premeditated is used to determine how serious a crime is. To inform citizens of the impact violent crimes have on UAE society, Dubai maintains a zero-tolerance policy against them. As a result, the punishments for such offenses are more severe than those meted out to individuals who assault someone because of a personal disagreement.
In addition to assault, there are a number of other offenses that can be considered violent crimes. These include:
- Murder
- 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.
Why do you need a lawyer?
The rules in the UAE are uncompromising when it comes to violent crimes, and breaching them can result in severe consequences. Even when the encounter resulted from a personal argument between two persons, assault charges frequently result in jail time. Even if you didn’t mean to hurt or offend somebody, protecting yourself can still be construed as an attack that carries severe penalties, including fines or jail time. This is why you must work with a Dubai attorney from Marwa Al Reyami Lawyers and Legal Consultants.
Marwa Al Reyami Lawyers and Legal Consultants not only have access to qualified legal counsel, but they also have the know-how to win the best possible outcome for their clients in court.
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