HANSESTRAFRECHT
Attorney von Burgsdorff taking notes at her desk beside a closed case file.

General criminal law

Case dismissed instead of a conviction

Case dismissed in assault and coercion case

Our client had received a summary penalty order charging him with assault and coercion. The penalty order imposed a fine of 100 daily rates. Under the law in Germany, a first conviction involving up to 90 daily rates is generally not shown on a criminal record. For our client, who had no prior criminal record, this would have meant that the conviction would have been visible on his criminal record, thereby branding him as a violent offender. In the worst-case scenario, his job would have been at risk. Deeply concerned, the client sought help from our law firm.

We filed an objection to the summary penalty order, requested the case file, and developed a defense strategy in close collaboration with the client. The main goal was to have the case dismissed in exchange for payment of a sum, or at least to reduce the fine to a maximum of 90 daily rates. The court and the prosecution agreed to dismiss the case in exchange for payment of a particular sum. Our client is therefore spared a criminal record and potential problems with his job.

The proceedings described here have been concluded. The outcome of any case always depends on its individual circumstances.

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